Trial By Jury

Americans believe that we have the right to a trial by jury. The Sixth Amendment to our Constitution begins: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed. . . ."

The Amendment was well intended.

The problem with laws and constitutions is that people can always find a way to get around them. Always.  Somewhere along the way we lost the right to trial by jury. Today, I read recently, around 95% of criminal cases are settled by plea bargaining. No jury. No trial. 

The district attorney keeps her record of success high by overcharging the defendant, threatening him with 40 years in prison if convicted in a jury trial, and then offering a plea bargain of five years with some time off for good behavior. Defendants who aren't rich can't afford a trial to start with. They can't afford to roll the dice. The result is a plea bargain, no trial, no jury, no careful look at justice in cases that might deserve careful weighing.