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Bargaining for More Trials
The criminal justice system is built around the jury trial, but almost all defendants plead guilty. Gregory Gilchrist urges defense lawyers to employ the mechanism that killed jury trials — bargaining — to revitalize the jury trial. Specifically, he says lawyers ought to negotiate limited trial waivers in exchange for limited leniency. Trial bargaining offers a tool that will mitigate the harms of plea bargaining and generate more, and sometimes better, options for clients.