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Journal Articles

The Coercive Trial Penalty: Timing Is Everything

Candace McCoy
Journal: Federal Sentencing Reporter
Federal Sentencing Reporter (2022) 35 (2): 100–105.
DOI: https://doi.org/10.1525/fsr.2022.35.2.100
Published: 01 December 2022
... due process concerns arise. The trial penalty pressures a defendant to agree to a plea bargain even if the factual basis is sparse. The higher the trial penalty is, the more likely defendants will plead guilty no matter the facts. Studies suggest that the weaker the evidence is, the higher the trial...
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