Harris County Criminal Lawyers Association

  • Home
    • COVID-19 Court Updates
    • Local Court Information
    • Criminal Law Jobs
  • Membership
    • HCCLA Membership
    • Mentorships
  • About HCCLA
    • Officers & Directors
    • Member Directory
    • Mentorships
    • In Memoriam
    • Bylaws
  • Media
    • Press Releases
    • The Defender
    • Reasonable Doubt 2021
  • Events & Seminars
    • Event Calendar
    • Holiday Party 2024
    • Declaration of Independence Readings
    • HCCLA Annual Banquet & Awards
  • Blog
  • Contact
  • Member Login

NACDL Trial Penalty Report (2018)

July 11, 2018

The ‘trial penalty’ refers to the substantial difference between the sentence offered in a plea offer prior to trial versus the sentence a defendant receives after trial. This penalty is now so severe and pervasive that it has virtually eliminated the constitutional right to a trial. To avoid the penalty, accused persons must surrender many other fundamental rights which are essential to a fair justice system. This report is the product of more than two years of careful research and deliberation. In it, NACDL examines sentencing and other data underlying the fact that, after a 50 year decline, fewer than 3% of federal criminal cases result in a trial. With more than 97% of criminal cases being resolved by plea in a constitutional system predicated upon the Sixth Amendment right to a trial, the fact of imbalance and injustice in the system is self-evident. The report identifies and exposes the underlying causes of the decline of the federal criminal trial and puts forth meaningful, achievable principles and recommendations to address this crisis. With its release, NACDL intends to launch a sustained effort to rein in the abuse of the trial penalty throughout federal and state criminal justice systems. The Trial Penalty report, and the principles and recommendations it puts forward, seeks to save the right to a trial from extinction.

File Details

Uploaded 7 years ago in Sentencing
NACDL Trial Penalty Report (2018) (NACDL-Trial-Penalty-Report-FINAL.pdf)
  • 553990ee9857ec1b0f8b4568
  • July 11, 2018
  • Public
Download
Details

Helpful Links & Resources

  • Seminars & Events
    • Speakers Bureau: Request a Speaker
  • Court Info & Policies
  • Harris County Managed Assigned Counsel (MAC)
  • Guide to ePLEA
  • HCCLA Ethics Hotline 713.518.1738
Harris County Criminal Lawyers Association (HCCLA)

Important Links

  • Bylaws
  • HCCLA Membership
  • Join HCCLA
  • Media
  • HCCLA Blog

Upcoming Events

  • HCCLA Board Meeting
    Thu Jul 10 2025, 12:30pm CDT
  • CLE: MAC and HCCLA Deep Dive: DWI
    Wed Jul 16 2025, 12:30pm CDT - 4:45pm CDT
  • CLE: MAC and HCCLA Deep Dive: DWI
    Thu Jul 17 2025, 12:30pm CDT - 4:45pm CDT

Contact Us

Harris County Criminal Lawyers Association
P.O. Box 924523
Houston, TX 77292-4523
(713) 227-2404

    

Copyright © 2025 · Harris County Criminal Lawyers Association. The HCCLA logo is a registered trademark.