What does the term "jury trial penalty" refer to?

The term "jury trial penalty" specifically refers to the phenomenon where defendants who choose to go to trial—rather than accept a plea deal—face significantly harsher sentences if convicted. This concept is rooted in the judicial system's dynamics, where the potential for a more severe punishment serves as a deterrent against exercising the right to a trial. The rationale behind this penalty can be complex, involving factors such as the court’s perception of the defendant's willingness to challenge the state's case and the belief that opting for a trial reflects a lack of remorse or an unwillingness to cooperate with the legal process.

On the other hand, while increased sentencing for guilty pleas and reduced sentences for plea agreements are related to the plea bargaining system, they do not accurately encapsulate the essence of the trial penalty concept. Indefinite detainment until trial may occur in some cases but does not address the context of sentencing outcomes based on trial decisions. Therefore, the characteristic of facing harsher sentences specifically for choosing to go to trial is what makes this answer accurate in defining the jury trial penalty.