In this 2018 report, the NACDL examines the trial penalty, analyses the causes of the decline in trials, and proposes principles to address this phenomenon.
This 2018 NACDL report examines the trial penalty, including documenting instances where defendants received increased sentences as a result of exercising their right to trial. The report also examines data regarding the size of the trial penalty in various types of prosecutions. In addition to considering the causes of the decline in trials, the report proposes a set a principles and recommendations to address the trial penalty.
