Washington, DC (March 26, 2026) – The National Association of Criminal Defense Lawyers (NACDL) has released a report finding that criminal defendants across Connecticut are losing their Sixth Amendment right to trial. “The Trial Penalty in Connecticut: Are People Being Punished for Exercising Their Constitutional Rights?” was co-authored with the Connecticut Criminal Defense Lawyers Association (CCDLA) and the Connecticut Office of Chief Public Defender and presents data, case studies, and policy recommendations on the trial penalty – the substantial difference in sentence length for criminal defendants who exercise their right to go to trial versus those who waive that right and plead guilty.
“By threatening extreme sentences, prosecutors coerce defendants into relinquishing their constitutional rights,” said NACDL President Andrew Birrell. “Nearly 97% of all criminal cases in Connecticut result in plea deals versus going to trial, reflecting a national trend whereby the trial penalty is used to disincentivize criminal defendants from taking their case to trial. Trials are the foundation of a fair criminal legal system. They expose police and prosecutorial misconduct, ensure defendants can access evidence against them, and compel the government to prove their case beyond a reasonable doubt.”
“Our findings are stark: defendants in the examined data set experienced a post-trial sentence worse than the plea offer in 62% of convictions,” said CCDLA Past President W. Theodore Koch. “Among all cases with a trial penalty, the average trial penalty was 14.6 years. Black and Hispanic individuals made up 62% of cases resulting in a trial penalty. This report also includes case studies of people in Connecticut who exercised their constitutional right to trial, were ultimately convicted, and received sentences over double, triple, and quadruple the pretrial offer. Their stories should serve as a call to action.”
“The right to trial is essential to fairness, due process, and equal protection,” said John R. Day, Chief Public Defender, Connecticut Office of Chief Public Defender. “Individuals charged with crimes in Connecticut face a dire choice between the chance to make their case to a jury and their freedom. We call for reforms that reduce tools of coercion, such as eliminating mandatory minimum sentences and sentence enhancements for first-time or repeat convicted offenders, expanding use and implementation of Second Look sentencing legislation, and implementing bail reform. Only with meaningful policy reform can we fulfill the promise of the Sixth Amendment in Connecticut.”
Read the report: nacdl.org/ConnecticutTrialPenalty.
Contacts
Jessie Diamond, Deputy Director, Public Affairs and Communications, (202) 465-7647 or jdiamond@nacdl.org
The National Association of Criminal Defense Lawyers is the preeminent organization advancing the mission of the criminal defense bar to ensure justice and due process for persons accused of crime or wrongdoing. A professional bar association founded in 1958, NACDL's many thousands of direct members in 28 countries – and 90 state, provincial and local affiliate organizations totaling up to 40,000 attorneys – include private criminal defense lawyers, public defenders, military defense counsel, law professors and judges committed to preserving fairness and promoting a rational and humane criminal legal system.
