It’s Still Illegal to Impose More Jail For Going to Trial

The original post on this topic is here: More Jail for Trial? No!

The Court of Appeals has reversed three convictions recently for judges imposing more jail on someone who went to trial:

State v. Robledo, 281 Or App 96 (2016) (Egan, J.) Robledo opinion

State v. Bradley, 281 Or App 696 (2016) (Tookey, J.) Bradley opinion

State v. Criswell, 281 Or App 146 (2016) (Garrett, J.) (this one was for a harsher sentence following appeal) Criswell opinion

Point being, it’s really true: courts cannot use the sentencing power as a stick to force people into pleading guilty, and lawyers should not assist with it. It’s illegal, and it’s morally reprehensible.