State Level Perspectives on Trial Penalties: The Price of a Trial

This panel explores how the trial penalty plays out in state courts, where most criminal cases are handled. Panelists will examine the legal and systemic factors that drive plea-driven outcomes, including prosecutorial leverage, mandatory minimums, and limited resources for defense.

24th Annual State Criminal Justice Network Conference
October 9-10, 2025 | Held Virtually

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In criminal courts across the country, the vast majority of cases never make it to trial. One major reason is the trial penalty – the significant difference between the sentence offered in a plea deal and the much harsher sentence that often follows a conviction at trial. This dynamic places immense pressure on individuals to waive their constitutional right to trial, even when they may have a viable defense or claims of innocence.

Attendees leave with a clearer understanding of how trial penalties impact fairness and justice at the state level, and what policy and practice changes could help protect the right to trial and ensure more equitable outcomes.

Speakers
  • Deborah Del Prete Sullivan, Legal Counsel & Director, Connecticut Office of the Chief Public Defender
  • Lucian Dervan, Founding Director, Plea Bargaining Institute
  • Preston Shipp, Director of Advocacy and Policy, Fair and Just Prosecution
  • Nathan Psyno, Director of Economic Crime & Procedural Justice, NACDL (moderator)

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