Interesting commentary. With links to some papers I intend to read for more detail. In the 1968 case of Duncan v. Louisiana, the Supreme Court affirmed and made clear that the Sixth Amendment right to a jury trial is absolutely fundamental to the bedrock principles of liberty and justice, stating that the jury is “an inestimable safeguard against the corrupt or overzealous prosecutor . . .” Mandatory minimum sentencing laws give prosecutors the leverage and superior bargaining position needed to coax accused citizens, many of whom are completely innocent, into surrendering a fundamental right for a perceived benefit – a significantly lesser sentence for forgoing a jury trial and pleading guilty.
Posted on: Thu, 13 Mar 2014 05:41:13 +0000
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