The Founders’ Indictment: Evaluating Our Criminal Justice System Through the Lens of the Declaration
The Founders Gave Us the Tools Series
As Americans mark the 250th anniversary of the Declaration of Independence, this Federalist Society America 250 program examines a foundational, yet often overlooked, aspect of our national charter: the colonists’ complaints about the Crown’s administration of justice. The Declaration charged the Crown with “depriving us in many cases, of the benefits of Trial by Jury,” “transporting us beyond Seas to be tried for pretended offences,” and sending officers to “harrass our people, and eat out their substance.” Those grievances helped shape constitutional protections for the accused, including the jury-trial and venue guarantees of Article III and the Sixth Amendment, as well as the Eighth Amendment’s protection against excessive fines.
How well does the modern criminal justice system reflect those founding-era commitments? Criminal jury trials have become increasingly rare as plea bargaining has come to resolve the overwhelming majority of cases, prompting debate over whether the so-called “trial penalty” places undue pressure on defendants to surrender their right to trial. At the same time, civil asset forfeiture and other fines and fees raise questions about when legitimate law-enforcement tools become excessive or create improper financial incentives.
Join us as our panel considers what the Declaration’s grievances can teach us today about our criminal justice system.
Featuring:
- Mike Fox, Legal Fellow, Cato Institute
- Prof. John F. Stinneford, Edward Rood Eminent Scholar Chair, Professor of Law, and Senior Fellow, Hamilton Center for Classical and Civic Education, University of Florida Levin College of Law
- Prof. Renée Lettow Lerner, Donald Phillip Rothschild Research Professor, George Washington University Law School
- (Moderator) Sarah Field, Chief Counsel, Legal Policy, Koch Capabilities, LLC
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
