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Supreme Court Justice Anthony Kennedy has observed that “criminal justice today is for the most part a system of pleas, not a system of trials.”
Although nowhere mentioned in the text of the Constitution, plea bargaining has become the default mechanism for resolving criminal charges in the United States. Indeed, some 95 percent of criminal convictions today are obtained through plea bargains, which raises a number of serious concerns, including why so few people choose to exercise their hallowed and hard-won right to a jury trial. When one considers the many tools available to prosecutors to encourage defendants to accept plea offers, together with the incentive to resolve as many cases as efficiently as possible, one cannot help but ask how many plea agreements are truly voluntary and how many are the result of irresistible coercion. Are there constitutional or ethical limits on coercive plea bargaining, and if so, are they being properly enforced? And what should we make of an institution that has practically eliminated the criminal jury trial and with it the Framers' painstaking efforts to ensure citizen participation in the administration of justice?
We will discuss these and other important questions raised by the evolution of plea bargaining within our justice system.
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At the end of the Cold War, the United States was confident that it stood on the precipice of a new era of peace and prosperity as the world’s sole superpower. U.S. leaders adopted a strategy of primacy, aimed at discouraging others from challenging American power, and they sought to spread democracy and liberal economics within an American sphere of influence that encompassed most of the world. Today, relations with Russia and China have deteriorated, nationalist movements are on the rise, and the European Union seems unsteady at best.
In his new book, The Hell of Good Intentions, Stephen Walt traces many of these problems to the flaws inherent in primacy. U.S. power has allowed policymakers to pursue ambitious foreign policy goals, even when those goals are unnecessary or doomed to fail. And yet, despite many setbacks, an entrenched foreign policy elite retains its faith in liberal hegemony. Join us at noon on Wednesday, October 17, as Walt explores these ideas and outlines the case for a fresh, new approach to American foreign policy based on realism and restraint.
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Hosted on Acast. See acast.com/privacy for more information.
Hosted on Acast. See acast.com/privacy for more information.
Hosted on Acast. See acast.com/privacy for more information.
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