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Trump’s push to control Greenland echoes US purchase of Alaska from Russia in 1867

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theconversation.com – William L. Iggiagruk Hensley, Visiting Distinguished Professor, University of Alaska Anchorage – 2025-01-08 16:06:00

The U.S. bought Alaska and its significant natural resources and beautiful scenery for what amounts to a steal.

AP Photo/Mark Thiessen

William L. Iggiagruk Hensley, University of Alaska Anchorage

President-elect Donald Trump is again signaling his interest in Greenland through a series of provocative statements in which he’s mused about the prospect of the U.S. taking ownership – perhaps by force or economic coersion – of the world’s largest island by area.

Talk of a takeover of Greenland may seem fanciful. But it wouldn’t be the first time the U.S. was able to procure a piece of the Arctic. The U.S. bought Alaska from Russia in 1867. To mark the 150th anniversary of the sale in 2017, we asked William L. Iggiagruk Hensley, a visiting professor at the University of Alaska Anchorage, to write about that historic sale. This is the article we published then, with minor updates.

On March 30, 1867, U.S. Secretary of State William H. Seward and Russian envoy Baron Edouard de Stoeckl signed the Treaty of Cession. With a stroke of a pen, Tsar Alexander II had ceded Alaska, his country’s last remaining foothold in North America, to the United States for US$7.2 million.

That sum, amounting to just $138 million in today’s dollars, brought to an end Russia’s 125-year odyssey in Alaska and its expansion across the treacherous Bering Sea, which at one point extended the Russian Empire as far south as Fort Ross, California, 90 miles from San Francisco Bay.

Today, Alaska is one of the richest U.S. states thanks to its abundance of natural resources, such as petroleum, gold and fish, as well as its vast expanse of pristine wilderness and strategic location as a window on Russia and gateway to the Arctic.

So, what prompted Russia to withdraw from its American beachhead? And how did it come to possess it in the first place?

As a descendant of Inupiaq Eskimos, I have been living and studying this history all my life. In a way, there are two histories of how Alaska came to be American – and two perspectives. One concerns how the Russians took “possession” of Alaska and eventually ceded it to the U.S. The other is from the perspective of my people, who have lived in Alaska for thousands of years, and for whom the anniversary of the cession brings mixed emotions, including immense loss but also optimism.

Russia looks east

The lust for new lands that brought Russia to Alaska and eventually California began in the 16th century, when the country was a fraction of its current size.

That began to change in 1581, when Russia overran a Siberian territory known as the Khanate of Sibir, which was controlled by a grandson of Genghis Khan. This key victory opened up Siberia, and within 60 years the Russians were at the Pacific.

The Russian advance across Siberia was fueled in part by the lucrative fur trade, a desire to expand the Russian Orthodox Christian faith to the “heathen” populations in the east and the addition of new taxpayers and resources to the empire.

In the early 18th century, Peter the Great – who created Russia’s first navy – wanted to know how far the Asian landmass extended to the east. The Siberian city of Okhotsk became the staging point for two explorations he ordered. And in 1741, Vitus Bering successfully crossed the strait that bears his name and sighted Mt. Saint Elias, near what is now the village of Yakutat, Alaska.

Although Bering’s second Kamchatka expedition brought disaster for him personally when adverse weather on the return journey led to a shipwreck on one of the westernmost Aleutian Islands and his eventual death from scurvy in December 1741, it was an incredible success for Russia. The surviving crew fixed the ship, stocked it full of hundreds of the sea otters, foxes and fur seals that were abundant there, and returned to Siberia, impressing Russian fur hunters with their valuable cargo. This prompted something akin to the Klondike gold rush 150 years later.

Challenges emerge

But maintaining these settlements wasn’t easy. Russians in Alaska, who numbered no more than 800 at their peak, faced the reality of being half a globe away from Saint Petersburg, then the capital of the empire, making communications a key problem.

Also, Alaska was too far north to allow for significant agriculture and therefore unfavorable as a place to send large numbers of settlers. So they began exploring lands farther south, at first looking only for people to trade with so they could import the foods that wouldn’t grow in Alaska’s harsh climate. They sent ships to what is now California, established trade relations with the Spaniards there and eventually set up their own settlement at Fort Ross in 1812.

Thirty years later, however, the entity set up to handle Russia’s American explorations failed and sold what remained. Not long after, the Russians began to seriously question whether they could continue their Alaskan colony as well.

For starters, the colony was no longer profitable after the sea otter population was decimated. Then there was the fact that Alaska was difficult to defend, and Russia was short on cash due to the costs of the war in Crimea.

Americans eager for a deal

So, clearly, the Russians were ready to sell, but what motivated the Americans to want to buy?

In the 1840s, the United States had expanded its interests to Oregon, annexed Texas, fought a war with Mexico and acquired California. Afterward, Secretary of State Seward wrote in March 1848:

“Our population is destined to roll resistless waves to the ice barriers of the north, and to encounter oriental civilization on the shores of the Pacific.”

Almost 20 years after expressing his thoughts about expansion into the Arctic, Seward accomplished his goal.

In Alaska, the Americans foresaw a potential for gold, fur and fisheries, as well as more trade with China and Japan. The Americans worried that England might try to establish a presence in the territory, and the acquisition of Alaska, it was believed, would help the U.S. become a Pacific power. And overall the government was in an expansionist mode backed by the then-popular idea of “manifest destiny.”

So a deal with incalculable geopolitical consequences was struck, and the Americans seemed to get quite a bargain for their $7.2 million.

Just in terms of wealth, the U.S. gained about 370 million acres of mostly pristine wilderness, including 220 million acres of what are now federal parks and wildlife refuges. Hundreds of billions of dollars in whale oil, fur, copper, gold, timber, fish, platinum, zinc, lead and petroleum have been produced in Alaska over the years – allowing the state to do without a sales or income tax and give every resident an annual stipend. Alaska still likely has billions of barrels of oil reserves.

The state is also a key part of the United States defense system, with military bases located in Anchorage and Fairbanks, and it is the country’s only connection to the Arctic, which ensures it has a seat at the table as melting glaciers allow the exploration of the region’s significant resources.

Impact on Alaska Natives

But there’s an alternate version of this history.

When Bering finally located Alaska in 1741, Alaska was home to about 100,000 people, including Inuit, Athabascan, Yupik, Unangan and Tlingit. There were 17,000 alone on the Aleutian Islands.

Despite the relatively small number of Russians who at any one time lived at one of their settlements – mostly on the Aleutians Islands, Kodiak, Kenai Peninsula and Sitka – they ruled over the Native populations in their areas with an iron hand, taking children of the leaders as hostages, destroying kayaks and other hunting equipment to control the men and showing extreme force when necessary.

The Russians brought with them weaponry such as firearms, swords, cannons and gunpowder, which helped them secure a foothold in Alaska along the southern coast. They used firepower, spies and secured forts to maintain security, and they selected Christianized local leaders to carry out their wishes. They also met resistance, however, such as from the Tlingits, who were capable warriors, ensuring their hold on territory was tenuous.

By the time of the cession, only 50,000 Indigenous people were estimated to be left, as well as 483 Russians and 1,421 Creoles (descendants of Russian men and Indigenous women).

On the Aleutian Islands alone, the Russians enslaved or killed thousands of Aleuts. Their population plummeted to 1,500 in the first 50 years of Russian occupation due to a combination of warfare, disease and enslavement.

When the Americans took over, the United States was still engaged in its Indian wars, so they looked at Alaska and its Indigenous inhabitants as potential adversaries. Alaska was made a military district by Gen. Ulysses S. Grant.

For their part, Alaska Natives claimed that they still had title to the territory as its original inhabitants and having not lost the land in war or ceded it to any country – including the U.S., which technically didn’t buy it from the Russians but bought the right to negotiate with the Indigenous populations. Still, Natives were denied U.S. citizenship until 1924, when the Indian Citizenship Act was passed.

During that time, Alaska Natives had no rights as citizens and could not vote, own property or file for mining claims. The Bureau of Indian Affairs, in conjunction with missionary societies, in the 1860s began a campaign to eradicate Indigenous languages, religion, art, music, dance, ceremonies and lifestyles.

It was only in 1936 that the Indian Reorganization Act authorized tribal governments to form, and only nine years later overt discrimination was outlawed by Alaska’s Anti-Discrimination Act of 1945. The law banned signs such as “No Natives Need Apply” and “No Dogs or Natives Allowed,” which were common at the time.

Statehood and a disclaimer

Eventually, however, the situation improved markedly for Natives.

Alaska finally became a state in 1959, when President Dwight D. Eisenhower signed the Alaska Statehood Act, allotting it 104 million acres of the territory. And in an unprecedented nod to the rights of Alaska’s Indigenous populations, the act contained a clause emphasizing that citizens of the new state were declining any right to land subject to Native title – which by itself was a very thorny topic because they claimed the entire territory.

A result of this clause was that in 1971 President Richard Nixon ceded 44 million acres of federal land, along with $1 billion, to Alaska’s Native populations, which numbered about 75,000 at the time. That came after a Land Claims Task Force that I chaired gave the state ideas about how to resolve the issue.

Today, Alaska has a population of 740,000, of which 120,000 are Natives.

As the United States celebrates the signing of the Treaty of Cession, we all – Alaskans, Natives and Americans of the lower 48 – should salute Secretary of State William H. Seward, the man who eventually brought democracy and the rule of law to Alaska.

This article was first published on March 29, 2017.The Conversation

William L. Iggiagruk Hensley, Visiting Distinguished Professor, University of Alaska Anchorage

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Secretary of defense must perform a ‘delicate dance’ between the president, Congress and the public

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theconversation.com – Evelyn Farkas, Executive Director, McCain Institute, Arizona State University – 2025-01-11 08:56:00

The U.S. military is a massive group effort serving the nation’s – and the public’s – interests.
AP Photo/Alex Brandon

Evelyn Farkas, Arizona State University

Senate confirmation hearings are slated to begin on Jan. 14, 2025, for Pete Hegseth, whom President-elect Donald Trump has chosen to serve as the next secretary of defense. It’s a massive job, broadly affecting Americans’ security at home and abroad and overseeing huge numbers of people and immense amounts of money.

The Conversation U.S. asked Evelyn Farkas, a longtime Defense Department leader who is now executive director of the McCain Institute at Arizona State University, to explain what the secretary of defense’s job entails and what makes a person effective at that job. During the Obama administration, Farkas was a deputy assistant secretary of defense with a focus on Russia, Ukraine and Eurasia. Prior to that, she was a civilian adviser to the top military officer in NATO, and earlier still she was a senior staff member of the Senate Armed Services Committee, which oversees the military. She also served as a professor at the U.S. Marine Corps Command and Staff College.

What does the secretary of defense do?

They’re responsible for about 3.4 million people, including 1.2 million active duty service members and 1.3 million reservists, as well as about 900,000 civilian employees. The secretary is responsible for making sure those people are able to do their jobs – which, collectively, is to defend the United States, the American people and U.S. interests.

They’re responsible for defense policy, spending and operations, which includes the people, property and equipment at about 500 military bases across all 50 states and another 750 or so bases in 80 countries around the world. They’re responsible for budgeting and spending almost US$2 trillion a year in federal funds, which is about 16% of the overall federal budget.

An overview of a large five-sided office building.
The Pentagon is the headquarters for the U.S. Defense Department.
AP Photo/Charles Dharapak

What is the secretary’s role in commanding the nation’s military forces?

The president is the commander in chief and decides when and how to use the military. But the president’s decision to use force relies on advice and recommendations from the secretary of defense and the chairman of the Joint Chiefs of Staff. The president orders the secretary to carry out military operations, and the orders pass down from the secretary to the relevant commanders from there.

What is an average day or week for the secretary of defense?

The secretary sets the vision and tone for the Department of Defense and helps the president develop his or her defense strategy, and then implements that strategy. The secretary also designs and implements policies to advance the strategy and the overall national security objectives of the president.

The Defense Department’s responsibility is focused on the use of the military, whether it’s to deter attacks or defend American interests. The secretary must make sure the military is equipped and trained – ready – to fight and win the nation’s wars and to conduct any other operations, such as humanitarian, counterterrorism or peace operations.

The secretary sets priorities, which are reflected in the department’s budget. The budget has to be negotiated with Congress, of course. Day to day, the secretary is holding meetings with people who are charged with managing different aspects of the department’s activity. This happens regularly in the Pentagon or when the secretary visits military units and installations in the U.S. or around the world.

There are undersecretaries for policy and the budget and other functions such as personnel and readiness. Then there are service secretaries, who look at all of those issues but only for one specific service – the Army, the Navy, which includes the Marine Corps, and the Air Force, which includes the Space Force.

People stand in rows wearing shirts that say 'Army.'
Prospective soldiers stand in a training formation.
Scott Olson/Getty Images

Does the president talk to the secretary of defense regularly?

It depends on the president. Most presidents have regular meetings with their top officials as a Cabinet, as a group, and then, of course, individually. Some presidents will have a standing lunch with their Cabinet members, or just a formal meeting.

Generally speaking, most presidents would seek to have a meeting at least once a week that involves their secretary of defense. There’s a lot going on in the world, and most of the events or crises involve some decision about the use of military force or some effect on defense capabilities.

How does the secretary of defense affect regular Americans’ lives?

The secretary’s involvement in a decision to use nuclear weapons would certainly affect almost every American. So that’s one way, and any decisions involving war could potentially affect any given American.

Short of that, the economic ripple effects of decisions the secretary makes could be national. The defense budget is large, but not enough to affect everyone all at the same time. But for example, if the secretary of defense decides to close a base, that would have impact on most people in that community, if not all of them, at least indirectly. Businesses would have to adjust or close, and the military personnel and their families would have to move. And the political leadership of the community would be empowered to make decisions about the civilian use of properties previously owned by the Department of Defense.

Almost every kind of company does business with the Department of Defense, either directly or indirectly. The commissaries stock food and medicine and all sorts of regular items that the military buys, in addition to equipment for fighting.

And then there’s research and development. Historically, the Defense Department has put a lot of money into those efforts, which has had a lot of effect on consumers’ lives. It’s not just the internet, although that’s one example of something that was invented for military purposes and then translated into civilian use. A lot of smaller developments happen, too, because when a lot of money is being poured into innovation, they discover things along the way that can be commercialized.

Nowadays the civilian sector has outpaced the Defense Department in terms of research and development and innovation, but the defense dollars still make a big difference.

What personal or professional attributes make for an effective defense secretary?

I worked for four of them, three directly. Robert Gates had a high sense of empathy and lots of prior government experience. Leon Panetta had an acute sense of humor and a direct but funny way of interacting. He also had the advantage of having held multiple high-level jobs in other parts of the government. Chuck Hagel had a direct line to the Senate, and Ashton Carter was a hard-driven expert.

The most useful attributes include honesty, empathy, a sense of humor, a sharp intellect, the ability to learn quickly and the skill to determine what is important quickly. Of course, prior government experience working with the department is invaluable. It’s helpful to have an understanding of how the Defense Department works, with all its components, and its strengths and weaknesses, before you get into the job. The department has a military and civilian bureaucracy, and it takes some savvy work to get it to move quickly to implement the president’s strategy.

During the confirmation process, like all nominees, the secretary is required to attest in writing and sometimes verbally that they will provide truthful answers to Congress and that they will be responsive when Congress has questions.

Different secretaries do a better job at that than others. Secretary Donald Rumsfeld often would annoy members of Congress because he knew there was a time limit on his ability to speak and on each senator’s ability to speak. So he would just speak until the clock ran out, and that made them mad. He wouldn’t always answer questions directly and sometimes came off as arrogant.

The interactions with Congress are this delicate dance, because a secretary wants to protect the prerogatives of the president and the executive branch. But Congress pays the bills, provides any new authorities the secretary might be seeking and can curtail both the authority and the budget. A secretary wants to defend the policies, the budget and the actions of the Department of Defense. But they also want to be respectful of Congress’ role and responsibilities and the individual members of Congress.

Sometimes that balance is hard to strike. They’re in a really demanding job, and they get called to testify in front of Congress, usually with the TV cameras on. Members of Congress aren’t always polite, so it takes a lot of patience and self control on the part of the secretary of defense to successfully maintain good relations, public and private, with members of Congress.

What do the American people deserve from a defense secretary?

The secretary should be someone who will stand up for the military and civilians in the department and demand from the president and Congress the resources needed to execute their mission and to provide for the well-being of the personnel, who are, after all, Americans.

I would also say a secretary should interact with the media in a way that strikes the right balance between informing the American public about what the department and the military are doing in the name of the American people and protecting national security secrets. At the end of the day, the secretary of defense is working for the American people in their interest and that of the nation.

This story is part of a series of profiles of Cabinet and high-level administration positions.The Conversation

Evelyn Farkas, Executive Director, McCain Institute, Arizona State University

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People agree about the values of body parts across cultures and eras

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theconversation.com – Yunsuh Nike Wee, Ph.D. Student in Experimental Psychology, Oklahoma State University – 2025-01-10 13:02:00

These values seem due more to shared intuitions than local customs or social practices.
arturbo/E+ via Getty Images

Yunsuh Nike Wee, Oklahoma State University; Daniel Sznycer, Oklahoma State University, and Jaimie Arona Krems, University of California, Los Angeles

The Bible’s lex talionis – “Eye for eye, tooth for tooth, hand for hand, foot for foot” (Exodus 21:24-27) – has captured the human imagination for millennia. This idea of fairness has been a model for ensuring justice when bodily harm is inflicted.

Thanks to the work of linguists, historians, archaeologists and anthropologists, researchers know a lot about how different body parts are appraised in societies both small and large, from ancient times to the present day.

But where did such laws originate?

According to one school of thought, laws are cultural constructions – meaning they vary across cultures and historical periods, adapting to local customs and social practices. By this logic, laws about bodily damage would differ substantially between cultures.

Our new study explored a different possibility – that laws about bodily damage are rooted in something universal about human nature: shared intuitions about the value of body parts.

Do people across cultures and throughout history agree on which body parts are more or less valuable? Until now, no one had systematically tested whether body parts are valued similarly across space, time and levels of legal expertise – that is, among laypeople versus lawmakers.

We are psychologists who study evaluative processes and social interactions. In previous research, we have identified regularities in how people evaluate different wrongful actions, personal characteristics, friends and foods. The body is perhaps a person’s most valuable asset, and in this study we analyzed how people value its different parts. We investigated links between intuitions about the value of body parts and laws about bodily damage.

The human body and its parts appear again and again in human thought and culture over time.
(A) Body: Venus of Willendorf, Austria, ~29,500 years ago, Natural History Museum, Vienna, Austria. Photo by M. Kabel (Multi-license with GFDL and Creative Commons) (B) Head: Olmec colossal head, San Lorenzo, Veracruz, Mexico, 1200 to 600 BCE, National Museum of Anthropology, Mexico City, Mexico. (C) Torso: Bust of Nefertiti, Egypt, 14th century BCE, Neues Museum, Berlin, Germany. (D) Head, shoulders, knees, and toes: Head, Shoulders, Knees, and Toes: children’s song, illustrated by M. R. Johnson, written by S. Silver, published by Barefoot Books. (E) Eye: Movie still of L. Buñuel’s An Andalusian Dog (67), photo by A. Duverger and J. Berliet. (F) Eye: Eye on the reverse side of the US $1 bill. (G) Mouth: Rolling Stones logo, designed by J. Pasche, The Rolling Stones. Shutterstock. (H) Heart: Aztec Codex Magliabechiano, approximately mid-16th century, National Central Library, Florence, Italy. (I) Hand and eye: Hamsa amulet against the evil eye, North Africa and Middle East. (J) Thumb: Facebook Like button. Wikimedia Commons. (K) Legs: Agora, by M. Abakanowicz, Grant Park, Chicago, photo by R. Mines. (L) Opening folio of the Law of Æthelberht, Kingdom of Kent, approximately 600 CE, Kent County Archives, Maidstone, England., CC BY-NC

How critical is a body part or its function?

We began with a simple observation: Different body parts and functions have different effects on the odds that a person will survive and thrive. Life without a toe is a nuisance. But life without a head is impossible. Might people intuitively understand that different body parts are have different values?

Knowing the value of body parts gives you an edge. For example, if you or a loved one has suffered multiple injuries, you could treat the most valuable body part first, or allocate a greater share of limited resources to its treatment.

This knowledge could also play a role in negotiations when one person has injured another. When person A injures person B, B or B’s family can claim compensation from A or A’s family. This practice appears around the world: among the Mesopotamians, the Chinese during the Tang dynasty, the Enga of Papua New Guinea, the Nuer of Sudan, the Montenegrins and many others. The Anglo-Saxon word “wergild,” meaning “man price,” now designates in general the practice of paying for body parts.

etching of man in toga about to chop off someone's hand on a tree stump
‘Hand for hand’ is one embodiment of fair retribution.
mikroman6/Moment via Getty Images

But how much compensation is fair? Claiming too little leads to loss, while claiming too much risks retaliation. To walk the fine line between the two, victims would claim compensation in Goldilocks fashion: just right, based on the consensus value that victims, offenders and third parties in the community attach to the body part in question.

This Goldilocks principle is readily apparent in the exact proportionality of the lex talionis – “eye for eye, tooth for tooth.” Other legal codes dictate precise values of different body parts but do so in money or other goods. For example, the Code of Ur-Nammu, written 4,100 years ago in ancient Nippur, present-day Iraq, states that a man must pay 40 shekels of silver if he cuts off another man’s nose, but only 2 shekels if he knocks out another man’s tooth.

Testing the idea across cultures and time

If people have intuitive knowledge of the values of different body parts, might this knowledge underpin laws about bodily damage across cultures and historical eras?

To test this hypothesis, we conducted a study involving 614 people from the United States and India. The participants read descriptions of various body parts, such as “one arm,” “one foot,” “the nose,” “one eye” and “one molar tooth.” We chose these body parts because they were featured in legal codes from five different cultures and historical periods that we studied: the Law of Æthelberht from Kent, England, in 600 C.E., the Guta lag from Gotland, Sweden, in 1220 C.E., and modern workers’ compensation laws from the United States, South Korea and the United Arab Emirates.

Participants answered one question about each body part they were shown. We asked some how difficult it would be for them to function in daily life if they lost various body parts in an accident. Others we asked to imagine themselves as lawmakers and determine how much compensation an employee should receive if that person lost various body parts in a workplace accident. Still others we asked to estimate how angry another person would feel if the participant damaged various parts of the other’s body. While these questions differ, they all rely on assessing the value of different body parts.

To determine whether untutored intuitions underpin laws, we didn’t include people who had college training in medicine or law.

Then we analyzed whether the participants’ intuitions matched the compensations established by law.

Our findings were striking. The values placed on body parts by both laypeople and lawmakers were largely consistent. The more highly American laypeople tended to value a given body part, the more valuable this body part seemed also to Indian laypeople, to American, Korean and Emirati lawmakers, to King Æthelberht and to the authors of the Guta lag. For example, laypeople and lawmakers across cultures and over centuries generally agree that the index finger is more valuable than the ring finger, and that one eye is more valuable than one ear.

But do people value body parts accurately, in a way that corresponds with their actual functionality? There are some hints that, yes, they do. For example, laypeople and lawmakers regard the loss of a single part as less severe than the loss of multiples of that part. In addition, laypeople and lawmakers regard the loss of a part as less severe than the loss of the whole; the loss of a thumb is less severe than the loss of a hand, and the loss of a hand is less severe than the loss of an arm.

Additional evidence of accuracy can be gleaned from ancient laws. For example, linguist Lisi Oliver notes that in Barbarian Europe, “wounds that may cause permanent incapacitation or disability are fined higher than those which may eventually heal.”

Although people generally agree in valuing some body parts more than others, some sensible differences may arise. For instance, sight would be more important for someone making a living as a hunter than as a shaman. The local environment and culture might also play a role. For example, upper body strength could be particularly important in violent areas, where one needs to defend oneself against attacks. These differences remain to be investigated.

black and white photo of raised hand, palm to camera
People’s evaluations are precise: They even agree on the relative value of each finger.
H. Armstrong Roberts/ClassicStock via Getty Images

Morality and law, across time and space

Much of what counts as moral or immoral, legal or illegal, varies from place to place. Drinking alcohol, eating meat and cousin marriage, for example, have been variously condemned or favored in different times and places.

But recent research has also shown that, in some domains, there is much more moral and legal consensus about what is wrong, across cultures and even throughout the millennia. Wrongdoing – arson, theft, fraud, trespassing and disorderly conduct – appears to engender a morality and related laws that are similar across times and places. Laws about bodily damage also seem to fit into this category of moral or legal universals.The Conversation

Yunsuh Nike Wee, Ph.D. Student in Experimental Psychology, Oklahoma State University; Daniel Sznycer, Assistant Professor of Psychology, Oklahoma State University, and Jaimie Arona Krems, Associate Professor of Psychology, University of California, Los Angeles

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Trump gets an ‘unconditional discharge’ in hush money conviction − a constitutional law expert explains what that means

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theconversation.com – Wayne Unger, Assistant Professor of Law, Quinnipiac University – 2025-01-09 13:36:00

A judge imposed an unusual sentence on President-elect Donald Trump in his criminal hush money case.

boonchai wedmakawand/Getty Images

Wayne Unger, Quinnipiac University

Donald Trump is now a convicted felon, and will be the first president of the United States with a felony conviction.

On Jan. 10, 2025, Justice Juan Merchan, who presided over the trial in a New York state court, sentenced Trump to an unconditional discharge for all 34 felony counts of falsifying business records in the first degree. In his statement to the court, Trump maintained the point he had made throughout the prosecution, that the whole case was a political witch hunt.

“The fact is, I’m totally innocent,” said Trump via a video appearance in the court.

During the sentencing, Merchan said he was keenly aware of the unique set of circumstances before him and the country. He characterized the trial as ordinary while acknowledging the context of the case was extraordinary.

“Never before has this court been presented with such a unique and remarkable set of circumstances,” said Merchan.

The sentencing brings this phase of the case to an end. Once the sentence is officially entered in a final judgment, Trump can appeal the case, as he has a legal right to do so. Trump’s attorney, Todd Blanche, made clear during the sentencing that Trump intends to appeal.

Trump ultimately failed to block sentencing

On May 30, 2024, a New York County jury found Trump guilty on 34 counts of falsifying business records in the first degree. That constituted a Class E felony in the state of New York, when the falsification is committed with an intent to defraud, commit another crime, or to aid or conceal the commission of another crime.

Class E felonies carry a potential penalty of up to four years in prison and a fine up to $5,000 for each count. Trial courts reserve discretion, however, to impose a sentence that accounts for other factors, such as the defendant’s criminal history.

In recent court filings, Trump sought to get his guilty verdict thrown out, arguing that the U.S. Supreme Court’s recent decision on presidential immunity in criminal prosecutions meant he can’t be found guilty.

On July 1, 2024, the U.S. Supreme Court had concluded that the Constitution provides “absolute immunity from criminal prosecutions for actions within his … constitutional authority.” The court had also concluded that presidents hold “at least presumptive immunity from prosecution for all his official acts” and “no immunity for unofficial acts.”

To be clear, Trump was convicted of unlawful conduct that occurred before his first term as president. And while it appears that the Supreme Court’s July 1 ruling applies to both state and federal criminal prosecution, the court held there is no immunity for unofficial acts, which the falsification of business records undoubtedly is.

A serious-looking man in a suit and tie sitting at a table next to another man.

Donald Trump at a pretrial hearing in his hush money case at Manhattan Criminal Court on Feb. 15, 2024.

Steven Hirsch-Pool/Getty Images

On Jan. 3, 2025, Justice Merchan rejected Trump’s argument regarding presidential immunity because the Supreme Court’s immunity decision is not applicable in Trump’s New York case.

On Jan. 9, 2025, New York’s highest court declined to block Trump’s sentencing. The U.S. Supreme Court late in the same day denied Trump’s emergency bid to halt the sentencing, saying in its order that “the burden that sentencing

will impose on the President-Elect’s responsibilities is relatively insubstantial in light of the trial court’s stated intent to impose a sentence of ‘unconditional discharge’ after a brief virtual hearing.”

Indeed, Merchan had expressed little willingness to impose prison time for the president-elect. In the order rejecting Trump’s presidential immunity argument, Merchan said, “It seems proper at this juncture to make known the Court’s inclination to not impose any sentence of incarceration.”

Even if Merchan imposed prison time, many constitutional law scholars, including myself, argue that Trump’s sentence would, at minimum, be deferred until after his next term in the Oval Office.

Rather, Merchan imposed “unconditional discharge” as a sentence. That means there are no penalties or conditions imposed on Trump, such as prison time or parole.

Serving the public interest, not time

According to New York law, a court “may impose a sentence of unconditional discharge … if the court, having regard to the nature and circumstances of the offense and to the history, character and condition of the defendant, is of the opinion that neither the public interest nor the ends of justice would be served by a sentence of imprisonment and that probation supervision is not appropriate.”

Regarding Trump’s case specifically, Merchan wrote, “A sentence of an unconditional discharge appears to be the most viable solution to ensure finality and allow (Trump) to pursue his appellate options.”

Put simply, it appears Merchan, having considered the totality of the circumstances, including Trump’s election to a second term as president, concluded, as is his right as a judge, that it is in the best interest of the public not to imprison Trump.

Generally, trial courts reserve a tremendous amount of discretion when it comes to imposing sentences. Legislatures can, and often do, set sentencing guidelines, prescribing what penalties trial judges can impose. It is clear in this case that the New York State Legislature allows trial judges to, at their discretion, deliver “unconditional discharge” as a sentence.

Uniquely, Trump had sought dismissal of his guilty verdict before his sentencing. Normally, criminal defendants do not have a legal right to appeal their verdicts until a final judgment is entered against them. In criminal law, a final judgment must include the defendant’s sentence.

But, of course, this is not your ordinary criminal case. As Merchan hinted, moving forward with the sentencing favored Trump because it would result in a final judgment being entered against him, thus enabling him to properly appeal his conviction.

This story has been updated to reflect the U.S. Supreme Court’s order denying Donald Trump’s bid to delay his Jan. 10 sentencing and to include the actual sentence entered against Trump.The Conversation

Wayne Unger, Assistant Professor of Law, Quinnipiac University

This article is republished from The Conversation under a Creative Commons license. Read the original article.

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