153: The Coalition Fighting to End the Trial Penalty w/Martin Sabelli and Nathan Pysno

Despite being the bedrock of our criminal legal system, "the jury trial is an exceptional rather than a commonplace outcome." Today, Hunter is joined by Martin Sabelli and Nathan Pysno to discuss somethings leading to the erosion of the jury trial. Specifically, they discuss how harsh sentences enable coercive plea bargaining and enshrine the "trial penalty". Few if any other Constitutionally protected rights lead to a person being punished for using them, but the trial penalty is nothing more than punishing people for forcing the government to prove a person committed a crime at trial.     Guests: Martin Sabelli, Former President of NACDL and Criminal Defense Attorney Nathan Pysno, Director of Economic Crime and Procedural Justice, NACDL     Resources: ABA Report on Jury Trials Disappearing https://www.americanbar.org/news/abanews/aba-news-archives/2020/12/report-jury-trials/ ABA Plea Bargaining Task Force Report https://www.americanbar.org/content/dam/aba/publications/criminaljustice/plea-bargain-tf-report.pdf NACDL Trial Penalty https://www.nacdl.org/Document/TrialPenaltySixthAmendmentRighttoTrialNearExtinct End the Trial Penalty https://www.endthetrialpenalty.org/#:~:text=Who%20We%20Are,achieving%20a%20truly%20just%20society.&text=Embedded%20Player%20Advocates%20say%20defendants,a%20so%2Dcalled%20trial%20penalty.     Contact Hunter Parnell: [email protected]  Instagram @PublicDefenselessPodcast Twitter                                                                 @PDefenselessPod www.publicdefenseless.com  Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast  Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN