The American “justice†system is designed to expedite cases rather than to have trials especially jury trials which take much longer than judge trials.
Right now if a defendant stands trial, he is likely to have a longer sentence than if he pleads guilty. Because of this “trial taxâ€, only about 10% of defendants opt for a trial. If a defendant asks for a jury trial, he is likely to receive a longer sentence than in a judge trial. Because this “jury taxâ€, only about 10% of trials are jury trials - at least in Chicago.*
Here is the real prisoner dilemma - If all the prisoners asked for a jury trial, the court system would break down. Most of the petty criminals (e.g. non-violent drug offenders) would be released because Illinois has a guarantee of a speedy trial – 6 months if I remember correctly.
Each individual defendant is worse off by demanding a jury trial. However, if they all acted together, most would be released. As it is, they all get minor sentences.
* - These phrases “trial tax†and “jury tax†are from the book “Courtroom 302†by Steve Bogira. He also says that it is common knowledge among defense lawyers that these taxes exist. Clearly the "trial tax" exist or else plea bargains would not be so common. I do not have other knowledge about the "jury tax."
CBL
Right now if a defendant stands trial, he is likely to have a longer sentence than if he pleads guilty. Because of this “trial taxâ€, only about 10% of defendants opt for a trial. If a defendant asks for a jury trial, he is likely to receive a longer sentence than in a judge trial. Because this “jury taxâ€, only about 10% of trials are jury trials - at least in Chicago.*
Here is the real prisoner dilemma - If all the prisoners asked for a jury trial, the court system would break down. Most of the petty criminals (e.g. non-violent drug offenders) would be released because Illinois has a guarantee of a speedy trial – 6 months if I remember correctly.
Each individual defendant is worse off by demanding a jury trial. However, if they all acted together, most would be released. As it is, they all get minor sentences.
* - These phrases “trial tax†and “jury tax†are from the book “Courtroom 302†by Steve Bogira. He also says that it is common knowledge among defense lawyers that these taxes exist. Clearly the "trial tax" exist or else plea bargains would not be so common. I do not have other knowledge about the "jury tax."
CBL