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Today, more than 95 percent of criminal convictions in the United States are obtained through plea bargains. As the Supreme Court observed in 2012, “criminal justice today is for the most part a system of pleas, not a system of trials.” Compared with jury trials, plea bargains are efficient and inexpensive, and they free up resources that might otherwise be devoted to securing convictions in cases where the defendant’s guilt is not seriously in doubt.
But plea bargaining has a dark side as well. Given the imbalance of resources between prosecutors and most defendants, together with the array of tools that prosecutors can bring to bear in any given case, such as mandatory minimum sentences, charge-stacking, and witness inducements, it is fair to ask how many guilty pleas are truly voluntary. A growing body of evidence suggests that false confessions may not be nearly as rare as we would hope, and indeed the specter of coercion casts a shadow over the entire plea-bargaining process.
Finally, there is the question of citizen participation in the criminal justice system, which Judge Joseph Goodwin of the U.S. District Court for the Southern District of West Virginia cited repeatedly in a trio of decisions, culminating in the announcement that he will no longer accept plea agreements except when there are truly extenuating, case-specific circumstances. Our panelists will discuss the pros and cons of that policy and consider what the effect might be on America’s criminal justice system—and the fate of individual defendants—if other judges began adopting it as well.
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Sixty years ago, the United States Supreme Court decided the landmark case of NAACP v. Alabama. In 1956, as part of the civil rights struggle, the state of Alabama sought the membership lists of the NAACP chapter in that state. The Court ruled against the state and discerned a “vital relationship between freedom to associate and privacy in one’s associations.” The decision remains a high point from the civil rights era. However, many now deny the Court’s assertion that a broad right to privacy offers a vital protection for the freedom to associate and to speak.
Since the decision, the Court has placed few limits on government’s power to mandate disclosure of political activities and associations. As the new online era of speech dawns, the principles at stake in NAACP v. Alabama remain at the center of public debates. Is the right to associational privacy recognized in NAACP v. Alabama still good law? Or should the Court reconsider the tie between privacy and association? Please join us for a vigorous debate that takes this important anniversary as a starting point for our common future.
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Since World War II, the United States has maintained an active foreign policy agenda, deeply engaged in both the economic and military domains. Many observers over the past few years, however, have voiced doubts about public support for the critical pillars of American internationalism. Many have worried, in particular, about whether younger Americans will believe it worthwhile to take up the mantle of global leadership.
A new report from the Chicago Council on Global Affairs, the Charles Koch Institute, and Cato scholars Trevor Thrall and Erik Goepner analyzes a wide range of survey data collected by the Chicago Council since 1974. The report finds that each generation from the silent generation onward entered adulthood less supportive of expansive American internationalism. More recent generations also express lower support for militarized approaches to achieve foreign policy goals.
In this special Cato policy forum, the authors will present their findings and will participate in a lively discussion on the impact that generational differences may have on U.S. foreign policy.
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