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The 'Trial Penalty' In the courtroom and during plea negotiations, the impact of these stricter laws is exerted through what academics call the "trial penalty".
Blacks pay a higher "trial penalty" than comparably situated whites, and they are more likely to be jailed pending trial.
While legal experts say the effect is clear in persuading more defendants to forgo trials, the trial penalty is hard to quantify without examining individual cases and negotiations between prosecutors and defense lawyers.
A new study by Human Rights Watch, in New York, is the first to quantify what some call the "trial penalty," the extra prison time that federal drug defendants get if they exercise their right to a trial and lose.
In the courtroom and during plea negotiations, the impact of these stricter laws is exerted through what academics call the "trial penalty". The phrase refers to the fact that the sentences for people who go to trial have grown harsher relative to sentences for those who agree to a plea.
A new paper published by the National Association of Criminal Defense Lawyers (NACDL) "The Trial Penalty: The Sixth Amendment Right to Trial on the Verge of Extinction and How to Save It". We may not know every amendment to the Constitution, but we all embrace the fact that in the U.S. everyone is entitled to a fair trial by a jury of our peers.
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On Tuesday morning, the trial's penalty phase will get underway.
For example, he said, the judge might wait to see whether Mr. McMillian is convicted, and then deal with the matter during the trial's penalty phase.
During the trial's penalty phase, the jury rejected the argument that Mr. Clayton's brain injury had driven him to kill.
In the trial's penalty stage, which opened on Tuesday, his lawyers are offering this as one among several mitigating factors.
But in a September filing, prosecutors agreed with the inmate's current lawyers that he received inadequate defense during his trial's penalty phase.
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