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Is Trial Your Last Resort?

I sometimes hear defenders talk about trial as “the last resort” in a criminal case. I prefer to think of a jury trial as the default resolution of any criminal case, and of a guilty plea (with its abandonment of constitutional rights) as the last resort, to be engaged in only if the chances of prevailing at trial are so small that they’re not worth the risk of losing.

What do you think? let me know in comments.

Technorati Tags: jury trial, philosophy, constitutional rights, trial



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