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NACDL is committed to enhancing the capacity of the criminal defense bar to safeguard fundamental constitutional rights.
NACDL harnesses the unique perspectives of NACDL members to advocate for policy and practice improvements in the criminal legal system.
NACDL envisions a society where all individuals receive fair, rational, and humane treatment within the criminal legal system.
NACDL’s mission is to serve as a leader, alongside diverse coalitions, in identifying and reforming flaws and inequities in the criminal legal system, and redressing systemic racism, and ensuring that its members and others in the criminal defense bar are fully equipped to serve all accused persons at the highest level.
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This panel explores how the trial penalty plays out in state courts, where most criminal cases are handled. Panelists will examine the legal and systemic factors that drive plea-driven outcomes, including prosecutorial leverage, mandatory minimums, and limited resources for defense.
24th Annual State Criminal Justice Network Conference October 9-10, 2025 | Held Virtually
The ‘trial penalty’ is the substantial difference between the sentence offered in a plea offer prior to trial versus the sentence a defendant receives after trial. This penalty has become so severe and entrenched that virtually eliminates the constitutional right to a trial. Our speakers discuss how “pleading out” contributes to an unjust system, creates a class of people restricted from participating in society, and how to combat it to save the right to a trial.
Incoming NACDL President MartÃn Sabelli (San Francisco, CA), Debevoise & Plimpton partner Judge John Gleeson (ret.), JaneAnne Murray (Director of the NACDL Trial Penalty Clemency Project and University of Minnesota School of Law Associate Clincal Professor of Law), Mudasar Khan (NACDL Trial Penalty Clemency Project volunteer attorney), and Steven Logan (Manager of NACDL's Return to Freedom Project) give an overview of the trial penalty and provide an introduction to the Trial Penalty Clemency Project.
Join NACDL’s President MartÃn Sabelli for a discussion with advocates who have experienced the trial penalty firsthand, serving excessive sentences after choosing to challenge their case in court.
20th Annual State Criminal Justice Network Conference August 18-20, 2021 | Held Virtually
The panelists discuss the trial penalty's impacts and solutions, including NACDL’s national campaign to expose and curtail the trial penalty through comprehensive state-based studies.
