This changes federal sentencing discretion and could reduce punishment incentives that pressure defendants to plead guilty instead of going to trial.
Adds an explicit sentencing factor to 18 U.S.C. §3553(a) stating courts must consider protecting the constitutional right to a trial and prohibit impairing that right when a higher sentence is threatened or imposed for going to trial.
Requires courts to consider plea offers and the sentences (or anticipated sentences) of similarly situated codefendants or other defendants who pled guilty when imposing sentence.
Directs courts to assess whether imposing a statutory minimum would amount to a penalty for asserting the right to a trial and whether that warrants a sentence below the minimum.
Amends 18 U.S.C. §3553(e) to give courts explicit authority to impose sentences below statutory minimums to protect the right to trial.
No hearings or votes scheduled.