Right to Trial Act

Key Points

• This bill aims to end the "trial penalty" by preventing federal judges from giving longer sentences simply because a defendant chose to go to trial instead of accepting a plea deal. It adds new sentencing factors that explicitly protect the constitutional right to a jury trial.
• Federal judges would gain the power to sentence below mandatory minimums if they determine that imposing the minimum would effectively punish someone for exercising their right to a trial.
• When deciding sentences, judges would be required to consider plea deals and sentences given to similarly situated codefendants or other defendants who pled guilty to similar offenses. This comparison helps ensure people who go to trial are not treated far more harshly.
• The bill is a bipartisan effort introduced by Griffith and Johnson of Georgia. It amends Section 3553 of Title 18, which governs how federal judges decide sentences, adding three new factors judges must weigh.