The right to a jury trial must not only be protected, but encouraged. Having government accusations and novel legal theories challenged creates a better, fairer system for everyone, including victims. And while the practice of “plea bargaining” might be necessary for the efficiency of our current criminal legal system, the fact that over 97% of criminal cases are resolved without a jury trial suggests that our system has procedurally stacked the deck against defendants to an extreme degree.
When criminal trials are effectively eliminated, those who are accused are deprived of their rights and the legal system itself is deprived of the right to test the fairness of its laws, its evidence, or its conduct. We strive to address the many factors that work together to coerce guilty pleas rather than encourage a person to exercise their constitutional right to a jury trial and are trying to remove the procedural impediments that exist which unfairly balance the scales in the favor of the government. Further, we believe that the government should not extract a “penalty” when someone exercises their right to a trial.
We also focus on the many procedural hurdles to the right to trial that exist, including: