End the Trial Penalty
The Trial Penalty is the phenomenon that occurs when the government makes losing a trial such a frightening proposition—through the way they charge and prosecute the case—that any reasonable person would accept a plea bargain. Essentially, it is the power of the government to threaten harsh consequences if a defendant asserts the right to trial.
The Trial Penalty is the reason 95% of felony convictions are now obtained via guilty plea, a figure nearly 20% greater than just a few decades ago. Before the 1960s, between one-fourth and one-third of state felony charges led to a trial; today, just one-twentieth do. The Trial Penalty is what drives mass incarceration. It is also a core concern of prosecutorial reformers, who acknowledge that the legislature has given prosecutors such overwhelming power, they can virtually dictate the outcomes of cases through overcharging, mandatory minimums, exploiting unfair sentencing procedures and the like.
How do we End the Trial Penalty in Virginia? Get rid of the tools of prosecutorial coercion: mandatory minimums, uniformed and obligatory jury sentencing, diminished trial rights, increased funding for indigent defense, eliminating incentives for prosecutors to overcharge criminal cases, and the like.
Thursday July 1, 2021, marks the enactment of several of Justice Forward Virginia’s priority criminal justice reforms in the Commonwealth. Our legislative policy development and statewide advocacy ended presumptions against bail, created degrees of robbery, ended the petit larceny three strikes rule, allowed evidence of mental illness to be presented at trial, created a unified pretrial data collection system, legalized marijuana, abolished the death penalty, ended the jury penalty, and reformed a truly broken probation system in Virginia.
Saturday February 27th, lawmakers assigned to reconcile Senate Bill 1443 and House Bill 2331 regarding the Repeal of Mandatory Minimum Sentencing in Virginia, failed to reach a compromise on bill language, and as a result the proposed legislation died in conference. We could not be more disappointed that the legislature failed to repeal mandatory minimums this session, particularly when the proposed legislation had no real opposition. The Virginia Crime Commission recommended the repeal of all mandatory minimums in the Commonwealth. Countless lawmakers, including leadership in both chambers, have campaigned and continue to campaign on a promise to repeal mandatory minimum sentencing for all. Mandatory minimums are a racial justice issue, a human rights issue, they are an insult to civil liberties, and we will not stop fighting until the General Assembly ceases allowing this injustice to exist.
Join us Thursday, March 11 at 7pm for our post session roundup, “I Survived Crim Sub,” a discussion about session, success, and where we go next
We are half way through the 2021 legislative session, and the House and Senate have passed two very different bills. Find out about what’s in each and why Justice Forward Virginia strongly supports the Senate bill. HINT: It gets rid of almost ALL mandatory minimums.
But people who repeatedly commit Petit Larceny offenses are not thieves looking to get ahead, nor are they master criminals. They are often from Virginia’s most vulnerable communities. They suffer from mental illness, have substance use disorders, and are often homeless. Subjecting people like these to felony penalties is, in many cases, pointlessly cruel. We should be aiming to make our criminal laws more just and rational, and eliminating this enhancement would be a step in the right direction.
In Virginia there is a rule that prohibits introducing evidence of mental illness in criminal cases unless the Accused pleads Not Guilty by Reason of Insanity (“NGRI”). As a result, the jury is not made aware of mitigating evidence that would allow for a fair trial and appropriate resolution. Currently an important bill is being considered that will change this rule and make the criminal legal system more fair for individuals who suffer from mental illness.
Sign the Petition! Virginia has over 200 mandatory minimum sentences that require judges to impose prison terms without considering the circumstances of each case or the needs or role of each person. This one-size-fits-all sentencing scheme is unjust and does not increase public safety. Virginia needs to get rid of its mandatory sentences.
Join FAMM, Americans for Prosperity VA, Ladies of Hope Ministries, and Justice Forward Virginia, December 8th 6:30-8pm, for a virtual town hall discussion on the need to repeal Virginia’s mandatory minimum sentences. Learn and effectively take action ahead of the 2021 legislative session. Hear from state policymakers, impacted families, and advocates working to advance reform.
We made it through the 2020 Special Session and have lots to celebrate. Find out what happened with Justice Forward’s priority legislation: Jury Sentencing, Pretextual Policing, Earned Sentence Credits, Expungement Reform, and Assault on Law Enforcement Officers.
Still have questions about police reform as we approach the special legislative session? Tune in on August 12 from 6:30-8:00pm when we're bringing back some of the most popular guests from our "Get Informed About Police Reform" explainer series!