Cato Events Podcast

Is America's criminal justice system broken? If so, what are the best methods for reforming it?

Though we have the highest incarceration rate of any major country, it is far from clear that Americans are the world's most criminal people. Instead, it may well be that we have done something with our criminal justice system that Americans have always excelled at, which is to take a complex process—in this case transforming people from presumptively innocent citizens to convicts—and made it very cheap and very efficient. But have we done so at the expense of our stated constitutional commitments?

An array of policies and practices, from civil forfeiture, to coercive plea bargaining, to near-zero accountability for law enforcement, suggest that the answer may well be yes. In recent years, support for reform was building across the political and ideological spectrum, which included President Obama. But the first months of the Trump administration have confirmed that criminal justice will remain a contentious issue. Does an appetite for reform still exist in the current environment?

Clark Neily, vice president for criminal justice, joined Cato in June to lead the Institute's efforts in this area. He will join us to examine these issues and describe his strategy for driving positive change in the criminal justice system. Your questions and thoughts will drive the conversation, and Clark looks forward to a thought-provoking discussion.

Prosecutors and other government lawyers who enforce our nation’s laws wield vast power and exercise tremendous discretion with little oversight or accountability. For example, more than 95 percent of criminal convictions are now obtained through plea bargaining instead of jury trials. As a result, citizen participation in our criminal justice system has effectively been eliminated and with it much of the oversight that the Constitution’s framers intended. Even when cases do go to trial, it is possible — and, some have argued, disturbingly common — for prosecutors to further tilt the playing field in their favor by failing to disclose potentially exculpatory evidence, influencing witnesses with threats or inducements, and manipulating juries with improper arguments. Unfortunately, when government lawyers do commit misconduct, it is extremely rare for them to be punished or indeed even publicly identified. Finally, the U.S. Supreme Court has held that prosecutors are absolutely immune from civil lawsuits, even for willful violations of people’s rights, such as deliberately prosecuting someone they know to be innocent and suborning perjury to obtain an unjust conviction.

As a result, two important questions arise: (1) Are the existing checks on prosecutorial misconduct strong enough to ensure fairness in criminal and regulatory proceedings; and (2) are Americans well-served by our current system of near-zero accountability for prosecutors and other government lawyers? Our panelists have written powerful and often deeply shocking books about their firsthand experiences with that system and the damage it does to the cause of justice.

What are the implications of North Korea’s recent gains in nuclear and missile capabilities for the future of U.S. strategy toward North Korea? What is the state of North Korea’s nuclear weapons and ballistic missile technologies? What are the prospects of diplomatic negotiations with Pyongyang? Should the United States pursue a different strategy toward North Korea in light of Pyongyang’s improving nuclear capabilities, perhaps including revising its alliance with South Korea? The Cato Institute will host two panels and a keynote address by former governor Bill Richardson to examine these critical questions.

Hosted on Acast. See acast.com/privacy for more information.

What are the implications of North Korea’s recent gains in nuclear and missile capabilities for the future of U.S. strategy toward North Korea? What is the state of North Korea’s nuclear weapons and ballistic missile technologies? What are the prospects of diplomatic negotiations with Pyongyang? Should the United States pursue a different strategy toward North Korea in light of Pyongyang’s improving nuclear capabilities, perhaps including revising its alliance with South Korea? The Cato Institute will host two panels and a keynote address by former governor Bill Richardson to examine these critical questions.

Hosted on Acast. See acast.com/privacy for more information.

What are the implications of North Korea’s recent gains in nuclear and missile capabilities for the future of U.S. strategy toward North Korea? What is the state of North Korea’s nuclear weapons and ballistic missile technologies? What are the prospects of diplomatic negotiations with Pyongyang? Should the United States pursue a different strategy toward North Korea in light of Pyongyang’s improving nuclear capabilities, perhaps including revising its alliance with South Korea? The Cato Institute will host two panels and a keynote address by former governor Bill Richardson to examine these critical questions.

Hosted on Acast. See acast.com/privacy for more information.

What are the implications of North Korea’s recent gains in nuclear and missile capabilities for the future of U.S. strategy toward North Korea? What is the state of North Korea’s nuclear weapons and ballistic missile technologies? What are the prospects of diplomatic negotiations with Pyongyang? Should the United States pursue a different strategy toward North Korea in light of Pyongyang’s improving nuclear capabilities, perhaps including revising its alliance with South Korea? The Cato Institute will host two panels and a keynote address by former governor Bill Richardson to examine these critical questions.

What are the implications of North Korea’s recent gains in nuclear and missile capabilities for the future of U.S. strategy toward North Korea? What is the state of North Korea’s nuclear weapons and ballistic missile technologies? What are the prospects of diplomatic negotiations with Pyongyang? Should the United States pursue a different strategy toward North Korea in light of Pyongyang’s improving nuclear capabilities, perhaps including revising its alliance with South Korea? The Cato Institute will host two panels and a keynote address by former governor Bill Richardson to examine these critical questions.

What are the implications of North Korea’s recent gains in nuclear and missile capabilities for the future of U.S. strategy toward North Korea? What is the state of North Korea’s nuclear weapons and ballistic missile technologies? What are the prospects of diplomatic negotiations with Pyongyang? Should the United States pursue a different strategy toward North Korea in light of Pyongyang’s improving nuclear capabilities, perhaps including revising its alliance with South Korea? The Cato Institute will host two panels and a keynote address by former governor Bill Richardson to examine these critical questions.

The North American Free Trade Agreement (NAFTA) is currently being renegotiated by the United States, Canada, and Mexico. On the campaign trail, President Donald Trump promised to get a better deal, or walk away entirely from NAFTA if necessary. Amidst the air of uncertainty surrounding the talks, a productive discussion surrounding the prospects and challenges to modernizing NAFTA has emerged. Though NAFTA was a cutting–edge trade deal in 1994, international trade has transformed significantly since then, most notably with the advent of the digital economy. This full–day conference explores both the politics and reality of the NAFTA negotiations, and puts forward ideas for what a modern NAFTA could look like.

SESSION V: BREAKOUT SESSIONS

Dispute Settlement

Jennifer Hillman, Georgetown University Law Center
John Magnus, TradeWins
Mike Smart, Rock Creek Advisors

Moderator: Simon Lester, Trade Policy Analyst, Herbert A. Stiefel Center for Trade Policy Studies, Cato Institute

Hosted on Acast. See acast.com/privacy for more information.

The North American Free Trade Agreement (NAFTA) is currently being renegotiated by the United States, Canada, and Mexico. On the campaign trail, President Donald Trump promised to get a better deal, or walk away entirely from NAFTA if necessary. Amidst the air of uncertainty surrounding the talks, a productive discussion surrounding the prospects and challenges to modernizing NAFTA has emerged. Though NAFTA was a cutting–edge trade deal in 1994, international trade has transformed significantly since then, most notably with the advent of the digital economy. This full–day conference explores both the politics and reality of the NAFTA negotiations, and puts forward ideas for what a modern NAFTA could look like.

SESSION V: BREAKOUT SESSIONS

Dispute Settlement

Jennifer Hillman, Georgetown University Law Center

John Magnus, TradeWins

Mike Smart, Rock Creek Advisors

Moderator: Simon Lester, Trade Policy Analyst, Herbert A. Stiefel Center for Trade Policy Studies, Cato Institute