Championing the Right to Trial
NACDL’s fight to end the trial penalty is producing real results. In 2025, three landmark rulings found trial penalty sentences unconstitutional or unfair. Two cases — United States v. Cannon and People v. Brisman — reduced harsh sentences and expanded compassionate release for those subjected to coercive plea deals. A third, United States v. Tavberidze , went further, ruling that sentencing rules rewarding only those who plead guilty unconstitutionally punish the right to trial.
Over 97% of criminal cases end in guilty pleas because our legal system routinely and systematically coerces individuals to plead guilty by threatening much more severe prison sentences if they choose to take their cases to trial instead. This is called the Trial Penalty.
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NACDL & NACDL FOUNDATION FOR CRIMINAL JUSTICE 2025 IMPACT REPORT 19
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