How the modern plea bargain undercuts the constitutional right to a jury trial

Source: The Hill
by Matthew T Martens

“Having experienced the dangers of judge-controlled tribunals, the Founders were determined to preserve the jury as a cornerstone of American justice. But when it comes to denying Americans the right to a jury trial, King George III could not hold a candle to modern American prosecutors. Today, approximately 95 percent of criminal cases in the United States are resolved through guilty pleas rather than trials. In so-called plea bargaining, prosecutors threaten unduly severe sentences for those defendants who dare go to trial or offer unduly lenient sentences for dangerous offenders looking to avoid responsibility. The result is the virtual elimination of criminal trials of any sort, jury or judge. How did this transformation occur? The short answer is that the Supreme Court let it happen, caving to Richard Nixon’s ‘law and order’ agenda.” (07/26/26)

https://thehill.com/opinion/judiciary/5986854-jury-trials-plea-bargaining-crisis/