The Trial Penalty
A Lose Lose Proposition
Draconian Game Theory
Trial Penalty: the large difference between the sentence length offered in a plea deal and the sentence length if defendant loses at trial.
Example
If the defendant agrees to plead guilty he will receive a 5 year sentence but if he goes to trial and loses he risks a 15 year sentence.
By Innocence Project
By NPR
DATA FROM PEW RESEARCH
2018 Study
Winning At Trial Is Rare
Of approximately 80,000 criminal defendants, only 320 won at trial (0.40%)
2020 Study
Winning At Trial Is Still Rare
Of approximately 72,000 criminal defendants, only 290 won at trial (0.40%)
