Trial Penalty

Trial penalty refers to the disadvantage a defendant faces when choosing to go to trial instead of accepting a plea bargain. When defendants opt for a trial, they risk receiving a harsher sentence if found guilty, compared to the more lenient deal offered by prosecutors. This creates pressure to settle for a plea, even if they might be innocent or the evidence against them is weak. Essentially, trial penalties can undermine the right to a fair trial, as defendants may feel compelled to accept unfavorable deals to avoid the risk of severe punishment.