THREAD: Some big developments on Jury Sentencing. That's SB 5007/HB 5084, to allow the accused to have a jury trial without jury sentencing. This is an important reform because some cases (Robbery, possession with intent) have a 5 year minimum sentence if the jury sentences. 1/x

We've been arguing for years that this creates a trial penalty, because the accused is forced to choose between a jury trial and avoiding a 5 year minimum punishment. At @JusticeFwdVa we have written about how this drives down jury trials and warps our system. 2/x

Most importantly, prosecutors have the power to force clients to have jury trials against their will. They can force a jury even if the accused doesn't want one. Then it's "face a 5 year minimum or take my plea offer." Most give up and take the plea. That's the Trial Penalty. 3/x

This week, the prosecutors' lobby (VACA) wrote a letter opposing jury sentencing. Their argument? VACA said the bill would cost too much because it would result in *6-8 times* more jury trials in Virginia. VACA opposes the bill because all those trials would cost too much. 4/x

This is a shameful argument. VACA says our criminal justice system would cost too much if we let everyone have their day in court. Rather than reform that system, VACA says we should just continue to coerce people into pleading guilty because trials cost too much. 5/x

VACA made another shocking admission yesterday. In their haste to argue that jury reform is expensive, they admit *in writing* that jury sentencing is denying 66%-87% of Virginians accused of crimes their day in court! And then they argue that ending that system would be bad. 6/x

The reality is that reforming our broken jury sentencing system would cost nothing. Making prosecutors try cases instead of coercing plea offers costs nothing. Denying prosecutors artificial leverage in plea negation costs nothing. Making reasonable plea offers costs nothing. 7/x

What do prosecutors think about reform that reduces power? That denies them their massive leverage to force pleas? They oppose it! They prefer a system in which Virginians are systematically denied their right to a jury trial, one of our most treasured Constitutional rights. 8/x

TL;DR: VACA admitted yesterday that the Trial Penalty exists, and that they've been using mandatory jury sentencing to coerce people into plea offers. VACA said SB 5007/HB 5084 would restore Virginians' right to a jury trial, and therefore, they oppose it. 9/x

HB 5084 is up TOMORROW in House Appropriations! Reach out to your Delegates and tell them that prosecutors shouldn't be writing our criminal justice reform laws. Virginia wants fair trials, not prosecutors forcing people to plead guilty against their will. Call/email today! 10/10

Sorry, that's SENATE appropriations, and the Senate bill is SB 5007! Call your *Senator* and tell them to pass SB 5007.