Brief of Amicus Curiae National Association of Criminal Defense Lawyers in Support of Petitioner
Meredith D. McPhail
Christopher Adams
SimpleOriginal

Summary

Individuals who choose to exercise their Sixth Amendment right to trial face higher sentences if they invoke the right to trial and lose. This hurts young people more because their decision-making capabilities have not yet developed.

2020 | State Juristiction

Brief of Amicus Curiae National Association of Criminal Defense Lawyers in Support of Petitioner

Keywords trial tax; youth; diminished culpability; decision-making; impaired capacity; peer pressure; Sixth Amendment (U.S.); plea bargains
Brief of NADCDL State v. Robinson

Summary of Argument

NACDL is uniquely positioned to observe the criminal justice system. Over time, based on empirical data and the experiences of its members, NACDL has developed an understanding of the trial tax—the reality that individuals who choose to exercise their Sixth Amendment right to trial face exponentially higher sentences if they invoke the right to trial and lose. It is NACDL’s position that the trial tax is antithetical to the American concept of justice because it diminishes jury trials, undermines the legal system’s goal of truth-seeking, relieves the government of its burden of proof, contributes to wrongful convictions, and disproportionately hurts young people. Kenneth Robinson’s case in particular starkly reveals the dangers to a defendant who chooses to exercise his constitutional right to trial.

Open Amicus Brief as PDF

Summary of Argument

The National Association of Criminal Defense Lawyers (NACDL) possesses a unique vantage point for observing the criminal justice system. Through empirical data and member experiences, NACDL has discerned the existence of a "trial tax," a phenomenon where defendants who exercise their Sixth Amendment right to trial face disproportionately severe sentences upon conviction. NACDL asserts that the trial tax contradicts fundamental principles of justice by discouraging jury trials, undermining truth-seeking, reducing the government's burden of proof, fostering wrongful convictions, and disproportionately affecting young individuals.

Kenneth Robinson's case exemplifies the perils faced by defendants who opt for a trial. The disparity between the sentence he would have received through a plea bargain and the one imposed after his trial underscores the substantial penalty associated with exercising the constitutional right to trial. This disparity undermines the integrity of the justice system by creating a disincentive for defendants to demand their day in court, ultimately eroding the foundational principle of a fair and impartial trial by jury.

Open Amicus Brief as PDF

Summary of Argument

The National Association of Criminal Defense Lawyers (NACDL) has a unique perspective on the criminal justice system. Through research and their members' experiences, they've observed a "trial tax." This means that people who choose to go to trial instead of accepting a plea deal face much harsher punishments if they lose.

The NACDL believes the trial tax goes against the principles of fairness and justice in America. It discourages jury trials, which are important for finding the truth. It also makes it easier for the government to get convictions without having to prove their case as thoroughly. This can lead to innocent people being wrongly convicted. The trial tax also affects young people more severely.

One example is Kenneth Robinson's case. He chose to go to trial and was given a much longer sentence than he would have received if he had taken a plea deal. This case shows how dangerous it can be for defendants to exercise their right to a trial.

Open Amicus Brief as PDF

Summary of Argument

The National Association of Criminal Defense Lawyers (NACDL) has noticed a problem called the "trial tax." This means that people who choose to go to trial instead of taking a plea deal often get much harsher sentences if they lose.

The NACDL believes this is unfair because it makes people less likely to use their right to a jury trial. It also makes it harder to find out the truth in court, because people are afraid to testify if they think the defendant might get a harsher sentence. This can also lead to innocent people being wrongly convicted.

One example of this is Kenneth Robinson's case. He chose to go to trial and was given a much longer sentence than he would have received if he had taken a plea deal. The NACDL believes this shows how the trial tax can be dangerous for people who are accused of crimes.

Open Amicus Brief as PDF

Summary of Argument

There's a group of defense lawyers called NACDL that watches how people are treated when they're accused of crimes. They've noticed something called the "trial tax." This means that if someone chooses to have a trial instead of admitting they're guilty, they might get a much longer punishment if they lose.

NACDL thinks this is unfair because it makes people less likely to have trials. Trials are important because they help find out the truth. If people don't have trials, the government doesn't have to prove their case as well. This can lead to innocent people being punished. Also, young people are more likely to get the "trial tax" than older people.

There was a man named Kenneth Robinson who went to trial. He ended up getting a much longer punishment than he would have if he had admitted he was guilty. This shows how dangerous the "trial tax" can be for people who choose to have a trial.

Open Amicus Brief as PDF

Footnotes and Citation

Cite

Brief of Amicus Curiae National Association of Criminal Defense Lawyers in Support of Petitioner, State v. Robinson, No. 2018-001269 (S.C. Ct. App. filed 2018).

    Highlights