The Trial Penalty: The Scourge of the American Criminal Legal System

The panelists discuss the trial penalty's impacts and solutions, including NACDL’s national campaign to expose and curtail the trial penalty through comprehensive state-based studies.

20th Annual State Criminal Justice Network Conference
August 18-20, 2021 | Held Virtually

;


The trial penalty is the vastly increased penalty after conviction faced by those who assert fundamental rights, such as the right to obtain discovery, conduct adequate investigation, challenge unlawfully obtained evidence, and the right to trial and appeal, compared to the penalty faced by those who plead pre-trial and waive those rights. The threat of these vastly enhanced penalties induces most accused persons, including those who are actually innocent, to waive all manner of rights. It reflects a grossly unbalanced system in which prosecutors wield their unbridled charging authority and mandatory sentencing schemes as a bludgeon to coerce guilty pleas, effectively eliminating trials. The trial penalty affects virtually anyone charged, but its weight falls most heavily on minorities and contributes significantly to racial and ethnic disparity. The penalty is sometimes referred to as “trial tax.”

Speakers
  • Susan Walsh, Partner, Vladeck Raskin & Clark, PC and Trial Penalty Project Chair, NYSACDL
  • Jeffery Robinson, Executive Director, The Who We Are Project
  • Vikrant Reddy, Senior Fellow for Criminal Justice, Charles Koch Institute
  • Moderated by: Norman Reimer, Senior Policy Consultant, NACDL
     

See Related Materials

Explore keywords to find information

RECENTLY ADDED & UPCOMING

  1. The Champion
    /Nacdl/media/image_library/StayInformed/Champion/ChampionCovers/March-April-2025.jpg?ext=.jpg

    March/April 2025

    What are the evidentiary implications of field sobriety tests in marijuana cases? Does the odor of marijuana give officers probable cause to search a vehicle?

  2. Amicus Brief
    /Nacdl/media/image_library/Elements/global/amicus.png

    Jenner & Block LLP v. U.S. Department of Justice

    Brief of the National Association of Criminal Defense Lawyers and New York Council of Defense Lawyers as Amici Curiae in Support of Plaintiff’s Motion for Summary Judgment.

  3. News Release
    /Nacdl/media/image_library/Elements/global/newsrelease.png

    News Release ~ Law Enforcement Executive Order

    NACDL Warns Executive Order's Dangerous Overreach Undermines Community Safety and Trust in Police – Washington, DC (April 29, 2025) – The National Association of Criminal Defense Lawyers (NACDL) expressed deep concern regarding the Executive Order titled "Strengthening and Unleashing America’s Law Enforcement to Pursue Criminals and Protect Innocent Citizens," cautioning that several of its proposals represent a dangerous overreach that undermines these goals by jeopardizing individual rights and the legitimacy of law enforcement in the eyes of the community.

  4. Event
    /Nacdl/media/image_library/Learn/nacdlcleinstitute/2025_Post-Dobbs_Trial_Tactics_2025-02-26_v02_Event-Listing_2.jpg?ext=.jpg

    Trial Tactics for Pregnancy-Related Cases: Skills for Every Defender

    LOCATION: The University of Texas School of Law, Austin, TX
    DATE: May 16-17, 2025
    COST: FREE (registration is required)
    CLE Credit: Up to 14.5 credits 

  5. Webinar
    /assets/img/nacdl_og.png

    Collaborative Approaches to Appellate Defense: Recognizing Clients' Legal Expertise

    WHEN: Thursday, May 8, 3:00-4:30pm ET / 12:00-1:30pm PT
    CLE CREDIT: not available
    COST: Free

Featured Products