Despite being the bedrock of our criminal legal system, ““the jury trial is an exceptional rather than a commonplace outcome.” Hunter is joined by Martin Sabelli and Nathan Pysno to discuss somethings leading to the erosion of the jury trial. Specifically, they discuss how harsh sentences enable coercive plea bargaining and enshrine the “trial penalty”. Few if any other Constitutionally protected rights lead to a person being punished for using them, but the trial penalty is nothing more than punishing people for forcing the government to prove a person committed a crime at trial.
Guests:
Martin Sabelli, Former President of NACDL and Criminal Defense Attorney
Nathan Pysno, Director of Economic Crime and Procedural Justice, NACDL
Resources:
ABA Report on Jury Trials Disappearing:
https://www.americanbar.org/news/abanews/aba-news-archives/2020/12/report-jury-trials/
ABA Plea Bargaining Task Force Report:
https://www.americanbar.org/content/dam/aba/publications/criminaljustice/plea-bargain-tf-report.pdf
NACDL Trial Penalty:
https://www.nacdl.org/Document/TrialPenaltySixthAmendmentRighttoTrialNearExtinct
End the Trial Penalty:
https://www.endthetrialpenalty.org/#:~:text=Who%20We%20Are,achieving%20a%20truly%20just%20society.&text=Embedded%20Player%20Advocates%20say%20defendants,a%20so%2Dcalled%20trial%20penalty.
