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Chief Judge William G. Young of the Federal District Court in Massachusetts, for example, recently had this to say â€Evidence of sentencing disparity visited on those who exercise their Sixth Amendment right to trial by jury is today stark, brutal, and incontrovertible.… Today, under the Sentencing Guidelines regime with its vast shift of power to the Executive, that disparity has widened to an incredible 500 percent...
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As a practical matter this means, as between two similarly situated defendants, that if the one who pleads and cooperates gets a four-year sentence, then the guideline sentence for the one who exercises his right to trial by jury and is convicted will be 20 years. Not surprisingly, such a disparity imposes an extraordinary burden on the free exercise of the right to an adjudication of guilt by one’s peers...
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General points of the essay
Major Supreme Court Cases Under Judge John Marshall
The Relevance Today of A Jury of Her Peers
Comparing Mahfouz's "Half a day" and Halliday's "Young Man on Sixth Avenue"
Federal Court Syatem
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Is ‘plea-bargaining’ the way forward in the Criminal Justice System of England and Wales?
Plea Bargaining - Who Benefits?
plea bargaining is it really necessary?
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Plea Bargains and Mandatory Sentencing
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