Partner and Co-Chair, Securities Litigation and Enforcement Practice Group, Matthew Martens has authored an op-ed in The Hill examining how the modern plea-bargaining system has eroded the constitutional right to a jury trial. Drawing on the history of the American Revolution and the Founders' emphasis on jury trials, he argues that widespread reliance on plea bargains has largely displaced the public trial process the Founders deemed critical to liberty. He also discusses recent signals from several Supreme Court justices that suggest a willingness to reconsider longstanding assumptions about plea bargaining. 

Excerpt: "Most notably, several justices have begun to question the modern plea-bargaining system itself. In a recent concurring opinion, Justice Neil Gorsuch, joined by Justices Sonia Sotomayor and Ketanji Brown Jackson, observed that the jury trial has largely given way to 'a conveyor belt of plea bargains.' They acknowledged that 'at least some responsibility for that development lies with this court' which has looked the other way, and even condoned, 'coercive prosecutorial tactics designed to induce defendants to take plea deals.'" 

Read the full article here.