The constitutional right to a trial by jury has effectively vanished. In its place is a system of coercion and backroom deals that punishes those who dare to assert their innocence.
of federal criminal cases (including DC) end in a plea bargain. Trials are now the rare exception, not the rule.
Only 3% of federal cases go to trial. The other 97% are resolved through plea bargains—often under coercive conditions that punish defendants for exercising their constitutional rights.
Prosecutors routinely threaten defendants with massive mandatory minimum sentences if they go to trial. If the defendant accepts a plea deal, the sentence is a fraction of the potential time. This gap—the "trial penalty"—punishes those who exercise their constitutional rights.
Mandatory minimum if convicted
Guaranteed sentence
Charge: Possession with Intent to Distribute (Mandatory 10 years if convicted)
Plea Offer: Simple Possession (18 months)
What Happened: Jerome was arrested during a traffic stop. The drugs were in the car, but not on his person. He maintained they belonged to a passenger who fled. His CJA attorney had 45 other active cases and advised him to take the plea rather than risk 10 years. Jerome pled guilty despite being innocent.
Outcome: Served 14 months. Now has a felony record that prevents him from getting housing or employment.
Charge: Aggravated Assault (5-15 years)
Plea Offer: Simple Assault (Time Served - 6 months)
What Happened: Maria was the victim of domestic violence. When she fought back in self-defense, she was arrested. Prosecutors offered time served if she pled guilty. After 6 months in DC Jail, separated from her children, she took the plea.
Outcome: Released immediately but now cannot work in childcare due to assault conviction.
Charge: Felon in Possession (5 year mandatory minimum)
Plea Offer: 18 months
What Happened: David's prior felony was from when he was 18 (now 35). Police found a gun during a search of his roommate's bedroom. David denied ownership, but prosecutors threatened to charge his girlfriend as an accessory if he didn't plead.
Outcome: Pled guilty to protect his girlfriend. Served 16 months.
Defendant is arrested and held in DC Jail. Bail is often denied or set too high to afford.
Defendant meets CJA attorney for 5 minutes. Attorney has 40 other cases that day.
Prosecutor offers a plea deal: plead guilty now for a reduced sentence, or face mandatory minimums at trial.
After a month in jail, losing job and apartment, defendant accepts plea despite claiming innocence.
Reform advocates call for: