Interviews with judges, defense attorneys and prosecutors reveal that the primary motivator for jury trial requests is the expectation of a more lenient sentence.
A common offer for marijuana possession in District Court is probation, while prosecutors in Circuit Court typically offer to drop a case if the defendant agrees to do community service. Possession of more dangerous drugs, such as cocaine and heroin, usually generates a plea offer in District Court of some jail time, often six months. The offer in Circuit Court often drops to time served and probation.
There are exceptions to the rule. In cases where there are victims - most often assaults - prosecutors often offer tougher plea deals in Circuit Court.
Second only to the expectation of a lighter sentence, the policies of individual judges drive the move of cases to Circuit Court. Some District Court judges are unwilling to promise a certain sentence in exchange for a guilty plea, but defense attorneys can avoid them by requesting a jury trial.
"There are a lot of state-oriented district judges," Hisim said. "I love them, but I wouldn't try a case in front of one of them. Why hurt my client?"
Assistant Public Defender Brenda Holley said that she has encountered clients - veterans of the city's criminal justice system - who can list which judges won't promise a sentence in exchange for a plea.
"They won't plea before those judges," Holley said. "That's why you'll often hear defendants in District Court say, 'I'm taking it downtown,' or 'Take it downtown.'"
State's Attorney Patricia C. Jessamy said that the court began "instant jury trials" - or scheduling cases coming up from District Court the next day - during the 1990s.
The new tactic cut the number of petty crimes clogging Circuit Courtrooms by more than half, Jessamy estimated. But during the last decade, the numbers have steadily climbed.
"We've tried a lot of things as these cases have continued to rise, and we need to go back to the table," she said.
The General Assembly attempted to alleviate the pressure in 2004, when it created a new crime category of "theft under $100" with a maximum penalty of 90 days in jail. The short sentence meant that people charged with this crime didn't have a right to a jury trial, and, therefore, their cases had to remain in lower courts.
Circuit Judge Emanuel Brown, a former district judge, said the same should be done for other petty crimes, but he declined to say which ones.
