From Cato Institute
The Bill of Rights dedicates more words to the resolution of criminal charges than any other subject, establishing a criminal justice system in which defendants are afforded rigorous protections such as the presumption of innocence, the right to counsel, and trial by jury.
But the Founders would hardly recognize today’s adjudicative process, which is more akin to an industrial-scale assembly line that prioritizes expediency over fairness and churns out guilty pleas through ad hoc, extraconstitutional dealmaking that systematically excludes ordinary citizens from a process in which they were meant to be the key players. And the small handful of defendants who resist the often palpably coercive pressure to plead guilty will be tried by a jury that has been carefully curated and indoctrinated to ensure it is free of people who understand the historic powers of jurors in our system, including but not limited to conscientious acquittal.
US District Judge T. S. Ellis III sounded a regretful tone when he sentenced Frederick Turner to 40 years in prison on drug charges in 2018, explaining that he had “no discretion to change” the punishment due to a combination of mandatory minimums and stacked charges. “The only thing I can do is express my displeasure,” Judge Ellis said. “I chafe a bit at that, but I follow the law.” Continue reading >>>
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