On the recordJuly 1, 2026
When confronted with coercive prosecutorial tactics designed to induce defendants to take plea deals, the Court has often condoned those practices or let them pass in silence.
Said by
Neil Gorsuch
When confronted with coercive prosecutorial tactics designed to induce defendants to take plea deals, the Court has often condoned those practices or let them pass in silence.
Critiquing the Court's response to prosecutorial tactics.
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Apart from pointing to habitual drunkard laws, the government has not even attempted to prove that any other specific historical principle might justify its prosecution in this case.
That Fourth Amendment test, which the Court invented in 1967, has no basis in the Constitution's text or history.
The Court should ditch those precedents, which he says are indefensible in theory and unworkable in practice.
In our times, the jury trial has given way to a conveyor belt of plea bargains.