Washington, DC (June 3, 2026) – The National Association of Criminal Defense Lawyers (NACDL) applauds the introduction of the Right to Trial Act (H.R. 9095) in the House of Representatives. Introduced by Rep. Morgan Griffith (R-VA) and Rep. Hank Johnson (D-GA), this vital bipartisan legislation would redress the corrosive plea-bargaining practices that have virtually eliminated jury trials in the United States.
The Right to Trial Act would protect the constitutional right to trial by amending Section 3553(a) of title 18 of the United States Code to allow judges to consider the right to trial at sentencing, and to authorize sentencing below a statutory minimum when that sentence would constitute a penalty for exercising the right to a trial.
NACDL has long fought against the 'trial penalty,' the substantial difference between the sentence in a plea offer prior to trial versus the sentence a defendant receives after trial, and in 2018 released the groundbreaking report The Trial Penalty: The Sixth Amendment Right to Trial on the Verge of Extinction and How to Save It, which found that fewer than 3% of federal criminal cases result in a trial.
"The trial penalty undermines the foundation of the criminal legal system, upending constitutional rights in the name of efficiency," said NACDL President Andrew Birrell. "Individuals who exercise their right to trial routinely face prison terms many times longer than what they would have received had they pled guilty, compelling innocent people to take guilty pleas rather than risk decades in prison. By coercing pleas, prosecutors can conceal misconduct and constitutional violations that would otherwise be subject to scrutiny. This threatens fairness and accountability, releasing the government from their obligation to prove their case. We urge Congress to pass the Right to Trial Act and uphold the Sixth Amendment."
"Our Founders understood that the right to trial by jury was essential to preserving liberty and limiting government overreach," said Brett Tolman, Executive Director for Right On Crime and former U.S. Attorney. "When defendants face significantly longer sentences simply because they choose to go to trial, it undermines confidence in the legitimacy and fairness of the justice system."
This bill is supported by Americans for Prosperity, Drug Policy Alliance, Fair & Just Prosecution, FAMM, The Innocence Project, Law Enforcement Action Partnership (LEAP), and Right On Crime.
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.
