Shows
Set For SentencingReign of Terror: Tesla, Luigi Mangione, & BeyondI'm back. I've been in hibernation for the last couple of months, basically paralyzed by what can only be described as a rapid descent into authoritarian hell. In his seminal work, "On Tyranny", Timothy Snyder warns: "Listen for dangerous words. Be alert to the use of the words extremism and terrorism. Be alive to the fatal notions of emergency and exception. Be angry about the treacherous use of patriotic vocabulary." So, today's podcast is brought to you by the letter "T" for "terrorism". The government is going to great lengths to brand anyone who dares question the auth...
2025-04-071h 17Set For SentencingPsychodrama at Sentencing: (PART TWO)Psychodrama has been used by trial lawyers for decades. But it hasn't been effectively deployed for use at SENTENCING.... until now. While psychodrama action therapy requires a trained professional to implement, there good news is there are psychodrama-adjacent techniques that can help any lawyer dig for, develop, and deliver a powerful and persuasive sentencing presentation! In this episode, Patrick Barone, a 30+ year criminal defense attorney and certified trainer, educator and practitioner of psychodrama introduces us to two such "psychodramatic action techniques" - the social atom and psychodramatic letter-writing. This is a TWO-PART EPISODE!. T...
2024-08-051h 09Set For SentencingPsychodrama at Sentencing (PART ONE)Psychodrama has been used by trial lawyers for decades. But it hasn't been effectively deployed for use at SENTENCING.... until now. While psychodrama action therapy requires a trained professional to implement, there good news is there are psychodrama-adjacent techniques that can help any lawyer dig for, develop, and deliver a powerful and persuasive sentencing presentation! In this episode, Patrick Barone, a 30+ year criminal defense attorney and certified trainer, educator and practitioner of psychodrama introduces us to two such "psychodramatic action techniques" - the social atom and psychodramatic letter-writing. This is a TWO-PART EPISODE...
2024-07-2253 minSet For SentencingMarilyn Mosby Sentencing Post-MortemMarilyn Mosby, Baltimore’s former top prosecutor, made headlines for her bold actions during her tenure. She fearlessly took on the Baltimore police, charging those involved in Freddie Gray’s death, and advocated controversial positions, including refusing to prosecute low-level drug offenders. However, her own legal journey took an unexpected turn. Accused of federal fraud violations, she faced trial and ultimately received a non-custodial sentence. Was this an outlier? Did she receive special treatment? Join Doug Passon and Mark Allenbaugh as we delve into these questions and more on this week’s episode of Set for Sentencing! ...
2024-06-1041 min
Truth Be FoundHumanizing the Accused: The Power of Storytelling in Court, with Doug PassonFeeling misunderstood can be a frightening experience, especially in the justice system. This episode of Truth Be Found features criminal defense attorney and documentary filmmaker Doug Passon. With nearly three decades using sentencing mitigation videos, he brings his clients' full stories to life in courtrooms across the nation. Discover how Doug blends his passion for film with his legal expertise to fight for the underdog, and why storytelling could be the key to justice.
2024-05-1433 min
Set For SentencingTrump on TrialToday history is being made, as the first criminal trial of a former president for multiple felony allegations begins in New York. But none of the pundits seem to be talking about what happens if Trump loses at trial. Therefore, helping us get set for sentencing is a superb New York criminal defense attorney, Richard Willstatter, to break it all down. IN THIS EPISODE: Possible sentencing ranges if convicted; Whether, if convicted, he could be taken into custody upon conviction or sentencing; Whether the judge can consider “other cond...
2024-04-1556 minSet For SentencingSam Bankman-Fried: Sentencing Post-MortemLast Thursday, Judge Lewis Kaplan sentenced Sam Bankman-Fried to 25 years in prison. Some think that’s an appropriate result. Some think it should have been more. But this sentence far more than necessary to meet the goals of sentencing. The bigger problem is, there were likely missed opportunities to convince the Judge that justice demanded a lower sentence for Sam. Therefore, here is the straight scoop on SBF’s sentencing (we have the full transcript) and the larger problems it reveals about federal sentencing and beyond. IN THIS EPISODE: Judge K...
2024-04-011h 28Set For SentencingGuidelines Blues: The Commission’s Next MovesThe guidelines commission is gearing up to make their recommendations for the next round of amendments. It’s the follow-up album to their first hit record, which included memorable songs like The “Zero Point Offender Boogie”, and “Release Me (Compassionately)”. The real question is can they top their debut with their sophomore effort? Will there be any hits? Can we dance to it? Mark Allenbaugh and I hit the highlights, and offer up some B-side pontifications about the death of the administrative state, why Trump’s immunity claim is destined to die in the Supreme Court, and what rhymes with...
2024-03-1852 minSet For SentencingWhen Justice Depends on It: The Need for Professional Standards for Mitigation in All Criminal CasesMitigation has been an integral part of death penalty defense for decades and there are minimum standards that apply in that context. When an early and thorough mitigation workup occurs, good things happen. But, many non-capital attorneys don’t recognize the need to adopt this approach in their everyday criminal matters. Without good mitigation, even in non-cap cases, the sentening results will almost certainly be disastrous. It’s time to make MITIGATION a priority for every defense team. To that end, a phenomenal and deeply important new article makes the case for the creating...
2024-03-0456 minSet For SentencingBOP MEANS: Back Off the Punishment: Making the Case That Judges Must Fix the BOP by Imposing Fewer and Shorter Prison TermsThe Bureau of Prisons is dysfunctional, dangerous and dehumanizing. Its failures have been well-documented recently in the press, in OIG reports, and in judicial opinions. But some judges still don't understand that they have the power and the responsibility to do something about it. Moreover, lawyers don't always know that BOP dysfunction is powerful sentencing mitigation. More specifically, if the BOP is ill-equipped to provide adequate medical care, mental health treatment, programming and safety, then we MUST send less people to BOP and for less time! This isn’t just my opinion – it’s a direct qu...
2024-02-191h 04Set For SentencingIndian Country: A Glimpse into Tribal and Federal Indian Criminal (In)JusticeThe criminal justice system is a tool of social control. And no where is that more evident than on our nation's Indian reservations. American Indians have been the targets of the wrath of the criminal process since the day a renegade Sioux warrior Crow Dog shot Chief Spotted Tail dead in the late 1800's. We can watch wonderful films like Dances With Wolves & Killers of the Flower Moon to learn about the atrocities committed against American Indians way back when. But many of us believe those terrible days are behind us and the American Indian now...
2024-02-0550 minSet For SentencingA Child's Poison: Lead Poisoning as Sentencing Mitigation with Dr. Ted LidskyThe government often weaves false sentencing narratives about our clients: they are born bad, uncontrollably violent, no concern for others, no respect for the law. There’s always a more truthful, powerful, and humanistic story to tell. And in some of those cases that story could be LEAD POISONING! The fact is, the probability of those who have been poisoned with lead and other toxins as children are much more likely to run afoul of the law because of frontal lobe damage affecting judgement, impulsivity, executive functioning, and a host of other impairments. Moreover, there’s a signific...
2024-01-2255 minSet For SentencingYear of the Dragon: Sentencing Guideline New Year's Cheers & Jeers What better way to start off the new year than to review some of the big guideline changes that took effect at the end of the year, and some forward looking sentencing commission proposals for changes that could be coming in 2024? We kick off this year with our friend and colleague, guidelines and sentencing stats guru, Mark Allenbaugh. He’s drinking coke, I’m sipping Don Rico tequila. IN THIS EPISODE: Some major changes we gave short-shrift to in previous episodes, including the 3rd point for acceptance of responsibility, and changes to status points related...
2024-01-081h 20Set For SentencingA Brief Haitus: Set For Sentencing Takin' a BreakHey everybody. We've been dropping new episodes every week for for about 80 weeks now. It's time to sit back, relax and ride out the rest of 2023. We'll be back in full force come 2024. Until then, enjoy some old episodes, like, share, subscribe and spread the word. Together we will make meaningful and lasting change in our broken sentencing system. Until then, keep the faith, hang in there, and take care of yourselves. www.setforsentencing.com www.dougpassonlaw.com
2023-11-2704 minSet For SentencingDavid DePape (Pelosi Attacker): Guidelines & Mitigation BreakdownDavid DePape did something terrible, breaking into the San Franscisco home of Nancy and Paul Pelosi, attempting to Kidnap the former Speaker of the House, and savagely attacking her husband with a hammer. He was just convicted in federal court for his crimes, with more to come in state court. He is more than just his crimes. But sadly, the likely truth of DePape’s mitigation story has yet to be, and may never be fully told. So let’s get set for sentencing with Doug Passon and Mark Allenbaugh! IN THIS EPISO...
2023-11-2047 minSet For SentencingMaking Sense of the Georgia Trump RICO Pleas (Vol. I)Three lawyers (so far) have plead guilty in the Georgia State RICO case. I had so many questions about what these pleas and sentencings really meant - for the lawyers who entered them, the remaining defendants, and the pending federal matters. But, I don't practice in Georgia state court. Therefore, I put out the "bat signal" on the NACDL listserve and found two wonderful lawyers to help us break it all down: Thomas Church & Jeff Brickman. IN THIS EPISODE: First Offender Act sentencings in Georgia; Consequences for violating these ag...
2023-11-1346 minSet For SentencingGuideline Tricks & Treats: A Rundown of All New Sentencing Guideline Amendments That Took Effect on 11/1/23The day after Halloween, all of the proposed guideline changes went into effect! We've talked about many of them in detail on previous podcasts, but here, we do a quick run-through of all eigiht categories of amendments. So what's in our candy bags the day after? Well, in truth, most of what we got were TREATS, but we have a few TRICKS as well. There's plenty to love here, but there are also a few catagories of offenses that could result in increased guideline calculations. Helping us get Set for Sentencing, our returning champion, guidelines guru Mark Allenba...
2023-11-0643 minSet For SentencingUntangling Fear For Lawyers & Clients With Prof. Heidi K. BrownIt’s Halloween! What better time to talk about FEAR!!!??? Many think fear is the great motivator, but it can also be the great debilitator. Fear prevents lawyers from "going for it" at sentencing and making the extraordinary ask on behalf of their clients. Fear also prevents those clients from communicating their own truth on the big day. Therefore, helping us get Set For Sentencing is Prof. Heidi K. Brown, author of “Untangling Fear in Lawyering”. She’s here to tell us how to let go of fear and help our clients do the same. Prof. B...
2023-10-3058 minSet For SentencingWhat is Truth? The Difference Between Reality TV, Documentaries and Sentencing Mitigation Videos In a “POST TRUTH” society, it can be hard to determine if what you are watching is the actual truth. In reality TV, documentary filmaking, and even the so-called "news", truth is not always a sacred value. But in my world, nobody would be surprised to hear me say, the truth is hard to discern. But, many presume that those who advocate for the accused and convicted do not seek the truth. In my experience, particularly in the sentencing world, it's the government that has no concern for the deeper truth of the case and cl...
2023-10-2353 minSet For SentencingSam Bankman-Fried: Is Autism the Missing Piece of Mitigation?Sam Bankman Fried is almost certainly on the Autism Spectrum. And, if his lawyers can fully understand ASD, they would have a better chance at acquitting their client by explaining to the jury why his actions may not have been nearly as intentional and calculated as they seem. Moreover, if he’s convicted, ASD would go far to present a compelling mitigation narrative. But, there seems to be zero mention of ASD in the case thus far. That means, SBF is not only almost certainly going to be convicted in short order at trial, but the judge will p...
2023-10-161h 31Set For SentencingImperfect 10: Why thousands will be deemed ineligible for the ZPO and what to do about itOn Nov 1, the Zero Point offender Amendment to USSG goes into effect. WE CALL IT THE ZIPPO (ZPO). It is retroactive, and thousands facing sentencing and already sentenced should be eligible to have their sentences reduced. BUT what happens if you received a guideline bump under 3B1.1, for being a “leader organizer”? Because of the imperfect drafting of "CRITERION 10", the Sentencing Commission presumes that any defendant who receives this role adjustment to be ineligible for the ZPO. BUT THEY ARE LIKELY WRONG. In this episode, we discuss why the reading of "CRITERIO...
2023-10-0938 minSet For SentencingDanny Masterson Sentencing Post-MortemA jury convicted Danny Masterson of two counts of forcible rape in California state court, and the judge just sentenced him to thirty years. It was a daunting task for his lawyers, because Masterson maintained his innocence to the bitter end. If the lawyers could have successfully threaded that needle, then Masterson would have potentially received fifteen years instead of thirty. Unfortunately, the sentencing presentation hit all the wrong notes. Moreover, there was massive blowback over the sentencing letters submitted on his behalf, particularly the ones from his famous friends, including Ashton Kutcher and Mila Kunis. The let...
2023-10-021h 00Set For SentencingBureau of Prisons (BOP) Means "Backwards on Purpose"What is the purpose of prison? Most people think the very fact of being removed from society, loved ones, and life in general, is the punishment. But that’s only the beginning. Once you get inside the walls of the BOP, the real punishment begins. Intentionally or not, those in charge of BOP facilities make the time a client spends inside exponentially more punitive by exposing them to daily indignities, deprivations, and unfathomable risks to their physical and mental well-being. Judges need to understand the truth about the dysfunction and chaos inside the walls of the BOP and con...
2023-09-2549 minSet For SentencingFind the Hurt, Amplify the Pain, Heal the Wound: 3 Steps to Bulletproof Legal NarrativeTelling your client's true and powerful mitigation story is the most important part of sentencing. But we lawyers are never taught how to do it right. The bigger problem is, a lawyer's failure to take control over the narrative can lead to disastrous consequences on the big day. Therefore, we need expand our horizons and learn from story professionals inside AND outside of the legal world. Park Howell is exactly that guy. Park is a brand storytelling strategist and keynote speaker. He is the creator of the Business of Story Podcast, recently ranked the #1 business pod...
2023-09-1858 minSet For SentencingGOIN’ RETRO: Retroactive Application of ZPO and Status Point AmendmentsThe Zero Point Offender and Status Point modifications to the Sentencing Guidelines go into effect on November 1. They are RETROACTIVE. But not everyone knows whether they may benefit from the changes or how to go about getting that benefit. Therefore, helping us get Set for Sentencing, Mark Allenbaugh, and Keith Hilzendeger to tell us everything you everything you need to know. This episode is for those who have resources to engage private counsel to fight this fight, or for those who may need help from the Federal Public Defender. Either way, chang...
2023-09-1149 minSet For SentencingBOP Stands for Big Ol' Problems: Exposing Dysfunction & Danger at the Federal Bureau of PrisonsJudges routinely hand out prison sentences in white collar/non-violent offender’s cases, believing a client will end up in a minimum security “camp” and that their time there will therefore be less severe, or even "easy". But, the days of the “Club Fed,” if they ever existed at all, are OVER. Decision makers need to understand that even low-level, non-violent offenders will do HARD TIME at the BOP even at a minimum security or a "camp." That is because the BOP is bloody mess. It is plagued by staffing shortages, lack of meaningful mental and physical c...
2023-09-0459 minSet For SentencingStraight to Sentencing: Pre-Trial Detention Through the Lens of Sam Bankman-Fried (and DJT)When a judge incarcerates a client awaiting trial, each of whom has not been convicted and is therefore presumed innocent, the practical result is that they go straight to sentencing without passing go, without collecting 200 dollars. Pre-trial detention should be reserved for the worst, or most potentially violent alleged offenders. But it's not. And the bigger problem is pre-trial detention facilities are often worse than the prisons where a client may end up serving their actual sentence. The deprivations and danger are prevalent, and the ability to defend themselves and provide meaningful assistance to their lawye...
2023-08-281h 04Set For SentencingAcquitted Conduct Revisited: Mmmmm... Flavors of EvilIf you wanna feel really dim, spend an hour or so trying to debate the fine points of federal constitutional law with Prof. Doug Berman and Mark Allenbaugh. We had to come back to the issue of how the guidelines condone using charges where a client goes to trial and a jury finds her not guilty, against them at a later sentencing proceeding. The Supreme Court had the opportunity to strike down this constitutionally offensive practice, but punted to the sentencing commission. They currently have no plans to address it, so reach out to them and tell them...
2023-08-211h 20Set For SentencingToo Cute By Half: Why Hunter's Plea Went SouthLet us journey once more, into the BREACH, dear listeners. We talked about sentencing implications of Hunter Biden's proposed plea agreement, but now we have to talk about why it all crashed and burned. Spoiler alert, it's because of the plea provision discussing what happens if Hunter is found by the government to be in BREACH of the agreement! Why are we going into such great detail (yes, long ass episode) about a plea, when this is a sentencing podcast? Quite simply, because, if you don't already know, the plea agreement is the FIRST SENTENCING!! The prosecutor has...
2023-08-141h 42Set For SentencingThe 3rd Trump Indictment (Sentencing Guidelines): Everything Nowhere All at Once.Everyone is talking about the latest Trump indictment. But nobody is talking about the possible sentence he might face if convicted. That's what we do! Spoiler alert -- it's a big deal.
2023-08-031h 05Set For SentencingSurviving Pretrial, Vol. 1: Is My Lawyer Any Good?All lawyers are not created equal, and that applies to private practice and public defenders. But clients don't necessarily understand how to separate the wheat from the chaff. Bilal Khan understands this better than most - he's been through it all, fighting his serious federal charges for years, and engaging seven lawyers in the process. He has taken his knowledge and know-how and shaped it into an amazing new resource, a 500 page book called, Surviving Pretrial: The Ultimate Guide to Being Busted & Prosecuted by the Feds. This book is not just for those charged with fed...
2023-07-3153 minSet For SentencingThe Power of Empathy I believe that NOTHING IN THE LAW MAKES SENSE EXCEPT IN LIGHT OF EMPATHY. This is especially true when it comes to sentencing. A lawyer’s ability to understand and connect with a client is essential to their practice. But it’s not an easy concept to understand, it's not always easy to put into practice, and it’s even harder to get decision-makers to feel empathy for those that have done something wrong. This episode is "one from the vault," but it was too good and too important not to share. I recorded this literally s...
2023-07-2449 minSet For SentencingThe Cold Hard Truth About White Collar Crime: With Kelly Richmond PopeThis week, helping us get Set For Sentencing is Dr. Kelly Richmond Pope. She’s a fraud expert, a filmmaker, and an accounting professor at DePaul University in Chicago. Her latest book, “Fool Me Once: Scams Stories and secrets from the Trillion Dollar Fraud Industry," is burning up the charts nationally. Why do people commit fraud? What is the appropriate punishment? What is the public perception underlying and animating all of it? This was a lively discussion that really struck at the heart of the goals of punishment and the truth about how justice is "served" i...
2023-07-1758 minSet For SentencingDrugs on the Docket: Data and storytelling in federal drug sentencing and the U.S. Sentencing CommissionMark Allenbaugh and I recently had the honor of appearing on an important new podcast about drug policy, created by the Drug Enforcement and Policy Center at the Ohio State University. This six-part series was released in May 2023. In coordination with the creators of this excellent podcast, we are re-posting our episode, (ep. 5) here. If you dig this show, you can grab the other 5 episodes wherever you get your podcasts: https://moritzlaw.osu.edu/faculty-and-research/drug-enforcement-and-policy-center/depc-education/drugs-on-the-docket-podcast Drugs on the Docket: Season 1 Episode 5 – Data and storytelling in federal drug sen...
2023-07-1047 minSet For SentencingLife in the Shadow of Death, With Cyndy ShortCyndy Short has been representing those accused of the worst crimes imaginable for most of her career – and she has NEVER had a client sentenced to death on her watch. She understands that sometimes what makes a lawyer great isn’t their legal abilities, but their human abilities. In other words, it’s time for lawyers to unlearn everything we were taught, roll up our sleeves, and immerse ourselves in understanding who our clients really are & why they did what they did. In so doing, we better understand ourselves. She has much to teach us about criminal defense and...
2023-07-031h 04Set For SentencingDiversion Perversion: Hunter Biden's Super Sweet Plea DealJust when I think I’m out, they pull me back in! Not that Mark Allenbaugh isn’t a great guy to spend an hour with doing law-related chitty chat, but after a barrage of Allenbaugh episodes from Elmer to Donald to Walt, I thought I was gonna get to move on to a couple of other great guests and topics. No such luck. Because... Hunter Biden. We learned Hunter will plead guilty to two misdemeanor federal tax charges and enter pre-trial “diversion” for being a “user or addict in possession” of a gun. In other words, because of his u...
2023-06-2653 minSet For SentencingWhat About Walt: Sentencing Implications for Trump Co-Defendant, Waltine NautaWe’ve talked at length about Trump's exposure in the documents/obstruction case now charged in Florida. But, nobody has been talking much about the co-defendant; Trumps “body man”, Waltine Nauta. What’s his exposure? What’s his incentive to plead guilty or testify against Trump? What is his mitigation story? Therefore, in order to be fully Set For Sentencing on this case, we gotta talk about the other guy along for this ride. IN THIS EPISODE: Sentencing guidelines for Trump's Co-defendant; Why the talking heads are getting it wrong on Trump's guidelines; Analy...
2023-06-1946 minSet For SentencingReality Check: Unpacking the Trump IndictmentWhen the FBI executed the search warrant at Mar-a-lago and discovered a trove of confidential and top secret government documents, we did a deep dive into the realm of possibilities (EP 12: Mar-a-la-going To Prison??) should Trump ever be charged, tried and convicted. But, we didn't know then what we know now. So, here we follow up and fill in any holes on what's in store for the former president. In this analysis, we address the burning question: Is he being treated any differently than the average John Q Citizen that finds themselves on the receiving end o...
2023-06-1241 minSet For SentencingStewart Rhodes Seditious Conspiracy Sentencing Post-MortemAfter being found guilty of crimes including Seditious Conspiracy, Elmer Stewart Rhodes, leader of the "OathKeepers" was given the longest sentencing to date for any 1/6 defendant. Here, we monday-morning quarterback every aspect of Rhodes' sentencing. There is much to learn from this one, about guideline issues, written advocacy, allocution, and post-sentencing conditions of confinement. Helping us get Set for Sentencing, my great friend and colleague, Mark Allenbaugh. IN THIS EPISODE: Checking in on our guideline predictions from from an earlier episode (on YouTube only) entitled “Sedition Edition” (link below); The...
2023-06-051h 13Set For SentencingThe Zero Point Offender Guideline Amendment: The ZIPPO IS ON FIRE!Yes, we came up with a pithy name we are sure will catch on for the new and VERY consequential US sentencing guideline amendment which allows a 2-level reduction for those with zero criminal history points and who aren't excluded based on several listed criterion. This amendment is a BIG DEAL, and will be retroactive, potentially impacting thousands of inmates in the BOP, and countless clients currently facting sentencing in federal court. But, some of the language is ambiguious and you must arm yourself with the right legal ammunition and also remember to preserve the iss...
2023-05-2939 minSet For SentencingSurrender Georgie: Possible Sentencing outcomes for George Santos IndictmentYes, NY Congressman George Santos is innocent until proven guilty. That said, he has already been tried and convicted in the media for a plethora of demonstrably provable falsehoods, which will not bode well for him should he choose to exercise his right to trial on fraud charges. Will he make the right choice, fall on his sword, resign from Congress, and demonstrate extraordinary remorse and acceptance of responsiblity? Well, I shook my magic 8-ball and it said, "hell no". So, now it's time to look at the possible sentence he faces if convicted. Spoiler alert...
2023-05-2248 min
Drugs on the DocketSeason 1 Episode 5 – Data and storytelling in federal drug sentencing and the U.S. Sentencing Commission with Doug Passon and Mark Allenbaugh
In this episode, host Hannah Miller and co-host Douglas Berman, executive director of the Drug Enforcement and Policy Center, speak with Doug Passon and Mark Allenbaugh. Passon is a criminal defense lawyer of over twenty-five years, an award-winning documentary filmmaker, and host of the Set for Sentencing podcast. Allenbaugh is an attorney and entrepreneur with nationally-recognized expertise in federal sentencing, law, policy and practice, and is a co-founder of Sentencing Stats, LLC. Passon and Allenbaugh discuss the newly resurrected U.S. Sentencing Commission and the importance of data and storytelling when it comes to federal drug sentencing.
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2023-05-1545 minSet For SentencingJSIN: Will “Judicial Sentencing Information” Mutilate the Stats or Slash Sentences?The US Sentencing Commission created "JSIN" (sounds like "Jason") as a resource for Judges who want to understand how defendants are really being sentenced under the guidelines. And, currently thirty-one federal jurisdictions are now incorporating JSIN data into the pre-sentence report. But, are the stats accurate? Could these numbers help or harm our clients? Therefore, helping us get Set For Sentencing... duh... who else could it be besides Mark Allenbaugh, the quintessential sentencing statistics guru?! IN THIS EPISODE: JSIN’s attempt to fulfill the neglected mission of the Sentenci...
2023-05-151h 01Set For SentencingOvercoming Impossible Odds at Sentencing (Fearless Lawyering, Vol. 3, with Joel Meyers) What can you do when your client with two prior felony drug convictions gets arrested and charged for a new and very serious drug trafficking offense? Most lawyers, looking at this history, the substantial weight of drugs involved, a pile of money, and a gun, would resign themselves to epic defeat. This man was facing a sentence that could easily have landed this client in prison for the rest of his life. But, attorney Joel Meyers was going to do everything in his power to achieve a different result. He knew that his client had a sto...
2023-05-0857 minSet For SentencingThe Power of a State "Sentencing Study" (with Rich Robertson) If you’ve been paying attention, you’ve heard me talk, ad nauseum, about the use of sentencing statistics in Federal cases. But did you know that sentencing statistics are also relevant in your STATE CASES? But, state sentencing data is often harder to access, and may require a tenacious investigator to fight arduous public records request battles. Therefore, helping us get Set for Sentencing, an extraordinary investigator, Rich Robertson of R3 Investigations, tells us how he conducts "sentencing studies" in state cases and uses them to great effect on the big day.
2023-05-0155 minSet For SentencingFearless Lawyering, Vol. 2: Exposing the Racist Origins of U.S. Immigration Law with Kara HartzlerCriminal immigration matters make up some 70 percent of all federal cases charged. But the statutes our government uses to prosecute and sentence undocumented human beings to serious prison time, was motivated by racism and discriminatory intent. Therefore, a team of fearless lawyers mounted a massive undertaking to challenge these statutes in federal court -- and WON. On August 16, 2022 Judge Du of the United States District Court for the District of Nevada issued a first-of-its-kind ruling, finding that Section 1326 of the Immigration and Nationality Act (INA) is unconstitutional because of its racist origin. Therefore, helping us get...
2023-04-241h 09Set For SentencingBIG Guideline Changes on the Horizon (With Mark Allenbaugh)On April 5, 2023, the United States Sentencing Commission voted to make several substantive changes to the federal sentencing guidelines. If approved (or not acted upon) by Congress, some of the most significant amendments in recent memory will go into effect on Nov. 1, 2023. These changes will effect anyone currently pending sentencing in federal court, and anyone currently serving a sentence in the federal Bureau of Prisons. In this episode, we are joined by my genious pal, Mark Allenbaugh, to give you the scoop on the two biggest amendments, and talk about a couple of others, including the one that didn...
2023-04-171h 15Set For SentencingDefending Autism With Mark Mahoney (Pt. 2)This week, we continue our crucial conversation on Autism with Mark Mahoney, America's leading Autism defense attorney (harringtonmahoney.com). There is so much we don’t know when it comes to ASD, and because it's so prevalent, lawyers must be on the lookout for this issue in every case. It matters. It matters to culpability, it matters to recidivism, it matters to conditions of confinement. This episode is for every lawyer, every judge, every prosecutor, and every PARENT with a child on the spectrum. Please listen and pass it on. IN THIS EPISODE: The M...
2023-04-101h 17Set For SentencingDefending Autism With Mark Mahoney (Pt. 1) We began this conversation in Ep.5, “Understanding Autism at Sentencing”. But the topic is so important, and so close to my heart and the work that I do, it’s time to dig in deeper. In the first of a two-part episode, we talk with the nation’s premiere criminal defense attorney when it comes to representing those on the autism spectrum who find themselves charged with crimes, particularly online offenses – Mark Mahoney. There is so much we don’t know when it comes to ASD, and lawyers need to look out for this issue in every case...
2023-04-0353 minSet For SentencingThree Years of Hell: Responding to the Bureau of Prison's Abysmal Failures in Preventing, Treating, and Reporting Covid.. March 19, 2023 is the 3-year anniversary of the first recorded Covid infection in the Federal Bureau of Prisons. But the true story has not been told of the BOP’s failure to protect inmates and prevent the spread of the virus with all of its deadly, disastrous, and long-term consequences. Therefore, it is imperative that we continue to tell the story of BOP’s incompetence, indifference, and obfuscation. We must step up our efforts to litigate (the ever-expanding) compassionate release elements, and credibly tell the story of the broken BOP at sentencing every chance we get. Warning...
2023-03-271h 35Set For SentencingInside Rikers Island & Beyond With Prison Consultant Craig Rothfeld Have you ever wondered if Rikers Island is really as bad as it is portrayed on TV? Did you know NYC held newly sentenced prisoners in something called “the tombs”? How does New York State sentencing compare to federal? You’re about to have all of those questions answered and more, with Craig Rothfeld, a New York State prison consultant. IN THIS EPISODE: From “the Tombs” to Rikers Island; Is there “self-surrender” in New York State; Are there minimum security “camps” in New York; The ins and outs of the NY State prison complex; The NYS sentencing sch...
2023-03-201h 23Set For SentencingMental Disabilities at Sentencing Many with serious mental illness and intellectual and developmental disabilities find themselves caught in the web of the criminal justice system. But these issues are complex. We need help recognizing the issue, finding the right expert to make sense of it, and properly integrating it into a client's mitigation narrative. Therefore, behold attorney Elizabeth Kelley, who has spent a career cultivating the knowledge necessary to be of service to lawyers and clients. IN THIS EPISODE: Practical tips for recognizing when a client may be struggling with mental health issues; The importance of devel...
2023-03-1354 minSet For SentencingImmersion: Dr. Paul Zak & the Science of Narrative Persuasion, Part 2Welcome back to the thrilling conclusion of my 2-part episode with Dr. Paul Zak! Dr. Zak’s new book, Immersion, the Science of the Extraordinary and the Source of happiness is a powerful reminder that if we lawyers want extraordinary results at sentencing, we must create extraordinary, immersive experiences at sentencing. It’s what I strive to do in every case, and Dr. Zak’s years of research have been an integral part of my success. I’m humbled and grateful that he came on S4S and was so generous with his time. If you haven't...
2023-03-0651 minSet For SentencingImmersion: Dr. Paul Zak & the Science of Narrative Persuasion, Part 1 We all want to be more persuasive communicators, especially when the big day of sentencing is upon us. But, many of us don't know whether our oral, written, or visual communications are grabbing and holding our audience, and most importantly, moving them to make the right decision in a case. Therefore, helping us get Set for Sentencing is Dr. Paul Zak! He has spent over two decades researching the neuroscience behind narrative, communication, and human connection. He's here to introduce you to the concept of IMMERSION. Immersion is a neurologic state that engages your audience and...
2023-02-2751 minSet For SentencingFearless Lawyering (Vol. 1) With Attorney Sharon Hicks Sharon Hicks is the epitome of a fearless lawyer. When she had a case with bad facts, a seemingly intractable judge, and a prosecutor seeking the maximum sentence, she made a case for probation. Everyone, even her closest legal confidants told her she was dreaming. But she knew this client had a story to tell, that was never told before. With a thorough mitigation investigation and a powerful sentencing mitigation video, she did what everyone told her was impossible. This is billed as "Volume 1", because, as you might imagine, I work with lawyers to get incredible results. I wil...
2023-02-201h 06Set For SentencingWho Says You Can’t? Strategies For Creative Lawyering with Jon May Jon May is a gentleman, a scholar, and a phenomenal criminal defense lawyer based in the Miami area. His new book, Who Says You Can’t? How To Become a More Creative Criminal Defense Lawyer embodies his practice and his prolific writing on various aspects of criminal defense. It was an honor to hold court with him as he helps us get Set for Sentencing. IN THIS EPISODE: The concept of “trying your case at sentencing” Never shying away from putting your offense in the proper context; Convincing prosecutors to drop the case because your client is eithe...
2023-02-131h 15Set For SentencingFixing Legal Injustice In America: The Case For A Defender General of the United StatesWe have an attorney general, who serves as the chief prosecutor for federal or state government. So, why, if we claim to have equal justice under the law do we not have a defense counterpart? Author and attorney extraordinaire, Andrea Lyon, makes the case for exactly that in her new book, Fixing Legal Injustice In America: The Case For A Defender General of the United States. She has graciously agreed to help us get Set for Sentencing! I love this episode, because I love great stories. And Andrea Lyon is full of them. But those stories aren’t jus...
2023-02-0653 minSet For SentencingPRESUMED GUILTY: Using Acquitted, Dismissed, and Uncharged Conduct to Increase Sentences.In a perfect world, the presumption of innocence is sacrosanct. If you are found not guilty by a jury, common sense and the constitution dictate that acquitted conduct should not later be used to enhance your sentence on other charges. But in federal court, it is not only possible, but commonplace to increase punishment based on acquited, uncharged and dismissed conduct. The good news is, that might be changing soon. Helping us get set for sentencing, Prof. Doug Berman and Mark Allenbaugh to talk about the proposed amendment to the United States Sentencing Guidelines on acquitted conduct. Prof...
2023-01-301h 22Set For SentencingTrump The Terrorist? Jan. 6 Criminal Referral Sentencing Implications, Viewed Through The Lens Of The Recent Croft/Fox Michigan Militia Sentencings.Well, January is shaping up to be an all Allenbaugh affair. Although we finished our marathon session on December’s metric ton of high-profile federal sentencings, there was one other bombshell that we couldn’t leave untouched: Congress’s criminal referral to the Dept. of Justice of the former president, Donald J. Trump, on a series of alleged federal crimes surrounding his involvement in the attempted overthrow of our government. Yes, the presumption of innocence attaches, but if you are curious as to the possible sentences Trump could face if incited and convicted, this episode is for you....
2023-01-231h 15Set For SentencingThe Chrisleys Did NOT Know Best: Sentencing Post-MortemIt was a long wacky December in the world of federal sentencing. I can’t remember a month with more high profile proceedings, and Mark Allenbaugh (www.sentencingstats.com) and I covered all of it in a marathon, 4-hour session. Here is part 3, dissecting the sentencings of Julie and Todd Chrisley, the star of USA Network's reality shitshow, "Chrisley Knows Best." This husband and wife duo were convicted after trial of multiple fraud charges. After a lackluster performance from the defense, Todd received a 12-year sentence, his wife received 7. So, what went wrong? IN THIS EPI...
2023-01-1654 minSet For SentencingFool For a Client: Michael Avenatti Sentencing Post-MortemLet's call this part-two of our long days journey into the night of several recent high profile federal setnencings. Continuing our conversation from last week (Sunny Bulwani), we dig in to the sentencing of the very public and tragic fall of attorney Michael Avenatti. We did most of the stats in last week's episode, but this week (see links below). In today's episode, we first focus on some statistical missed opportunities, particularly when it come to life expectancy.Tnen, we really dig in on the narrative shortcomings of Avenatti's sentencing presentation. Avenatti did himself no favors when, act...
2023-01-0955 minSet For SentencingSunny Balwani (Elizabeth Holmes co-defendant) Sentencing Post-Mortem: The "ABCs" of Federal Fraud SentencingIn this case, we deal with the "ABCs" of federal fraud sentencing, meaning, we're doing a deep comparative analysis of three recent high profile cases: MICHAEL AVENATTI, SUNNY BALWANI, and JULIE & TODD CHRISLEY. I never ceased to be amazed by the miraculous work Mark Allenbaugh does with sentencing stats, but, maybe more so than any of our previous collaborations, this one is chock full of so much practical advice for every lawyer and litigant facing sentencing. Besides the comparative overview we do a deeper dive into Balwani's sentencing proceeding, and Doug digs in to the sentencing memoranda h...
2023-01-021h 05Set For SentencingLeading With Story: Doug's Appearance on Lawyers Who Lead With Sigalle BarnessRounding out an "all Doug December", this is absolutely my favorite podcast appearance, simply because Sigalle Barness brings so much soul to this space. Our conversation was from the heart, and she asked me really hard and interesting questions that pushed me beyond my comfort zone. Once you get through some familiar territory about my origin story into law and film, you get to some really deep stuff about how to forge meaningful connections with clients, why narrative is leadership, and why my 18-year-old son may be the one who has taught me the most about leadership. I...
2022-12-2644 minSet For SentencingDefense Documentaries: How Defense Attorneys Use Cinematic Storytelling to Reduce Sentences (Ep. 182 of The Business of Story Podcast Featuring Doug Passon)Continuing my goal of showcasing my own work in December, this week’s episode is all about my passion, my love, my baby; what we call DEFENSE DOCUMENTARIES. Some call them mitigation videos or sentencing videos. These are short, true, films produced for criminal cases (for plea negotion, sentencing, and post-conviction relief) and used to humanize our clients and advocate for them in a far more credible and powerful way. I always say if the judge could spend the time with our clients and their families that we do, they'd have a whole new perspective on the case...
2022-12-191h 00Set For SentencingSpecial Episode: The Narrative Gym for Law discussion on Dr. Randy Olson's "ABT Time" Podcast, Featuring Doug Passon!We have produced over thirty episodes of Set For Sentencing including our Web extras, AND we’re just getting started. BUT no episode has yet solely focused on the work I do helping lawyers tell their most powerful sentencing narratives and producing defense documentaries to humanize clients and bring their life story into living color. THEREFORE, I thought it might be interesting to flip the script and showcase some other creators who have been gracious enough to invite me on their podcasts. That way, you can learn about what I do in more detail, from the p...
2022-12-1258 minSet For SentencingThe Heart & the Head: Holistic Sentencing With Mitigation Specialist Victoria RuskMitigation Specialists can be a lawyer’s secret weapon. They help us dig for, develop, and deliver our powerful mitigation narratives. But many lawyers remain unaware of the import and effect of a full mitigation workup, or may not have the resources to do so. Therefore, helping us get set for sentencing is Victoria Rusk, founder of Heart of Justice, LLC, a mitigation firm devoted to what she refers to as a “whole person” approach to mitigation. Ms. Rusk authored the Mitigation Handbook and created an online course to train advocates in her unique brand of holistic sentencin...
2022-12-051h 29Set For SentencingOver the Rainbow & Into the Land of Legal Narrative (With Story Expert Matthew David)Lawyers are taught that logic is their best friend. BUT, in the real world, human beings make their most important decisions based on EMOTION, not LOGIC. So how do you present your facts in a way that taps into the genuine emotions of the decision makers? Come on people, you know this: A good, true, & well told story! Helping us get Set For Sentencing, and joyfully continuing our ongoing conversation on legal narrative, is story expert, Matthew David. As a screenwriter and Dr. Randy Olson’s right hand man, Matt is deep into the world of narrative. He knows...
2022-11-281h 03Set For SentencingElizabeth Holmes: Sentencing Post MortemOn Friday, 11/18/22, a federal judge sentenced Elizabeth Holmes to over eleven years in prison. Ms. Holmes was convicted after trial of a "fake it 'till you make it" fraud involving her company Theranos, and the revolutionary blood testing technology dream machine that was not to be. There are many lessons we can learn from what went down last week, so, helping us get Set For Sentencing, our old friend and guidelines expert, Mark Allenbaugh. Mark and I break down what it was, what it could have been, and what comes next. We also veer a way off the p...
2022-11-211h 02Set For SentencingRotting With Your Rights On: Indefinite Detention For Incompetent ClientsWatch this episode on YOUTUBE, on APPLE PODCASTS, or wherever you get your podcasts! Ideally, when a person who may have committed a crime is deemed to be seriously mentally ill, a fair and rational criminal justice system will give them meaningful mental health treatment in a humane environment. But, in the federal system, mentally incompetent defendants who have never been found guilty of ANY CRIME will be warehoused in federal prison and held indefinitely. Even those who are not dangerous and have been previously granted pre-trial release, can be sent to prison, having never been convicted of...
2022-11-141h 00Set For SentencingListening to Understand: What Laywers & Clients Can Learn From ImprovI hate to admit it, but we lawyers, we’re really good talkers, but listening? Not so much. When your lawyer puts away the police report, sits with you, and says, "tell me your story, I’m all ears," then you know you are in good hands. But, being a good listener isn’t always intuitive. Therefore, it’s time we look to the world of improv to see what it can teach us about being better advocates for our clients. Actor, communications expert, and alumni of the famed Groundlings Improve in LA, Brian Palermo, is just the...
2022-11-071h 00Set For SentencingAcross the Pond: Sentencing in the United KingdomWatch this episode on YOUTUBE, on APPLE PODCASTS, or wherever you get your podcasts! We like to say the United States has "the greatest system in the world." But do we? There's simply no way to answer that question until we learn how other countries adjudicate crime. Helping us get Set for Sentencing is Prof. Julian Roberts, a British scholar, sentencing expert, and Executive Dir. of The Sentencing Academy, UK, dedicated to developing expert and public understanding of sentencing in England and Wales. IN THIS EPISODE: The UK's criminal process from charge to se...
2022-10-311h 04Set For SentencingA Richer Measurement of Justice: The Novel Lolita Read as a Sentencing MemorandumWatch this episode on YOUTUBE, on APPLE PODCASTS, or wherever you get your podcasts! Lawyers have everything to learn from great stories on the screen, on the page, or on the stage. Legal Writing Professor Christina Frohock knows this well, as her latest law review article, Legal Fiction: Reading Lolita as a Sentencing Memorandum, brings into focus exactly what lawyers and clients can learn from the classic and infamous novel Lolita, and how we can apply those teachings to full effect at sentencing. IN THIS EPISODE: The fundamental unity between law and narrative; What eve...
2022-10-241h 35Set For SentencingThis Week in Sentencing News: Pot Pardons & Nikolas CruzWatch this episode on YOUTUBE, on APPLE PODCASTS, or wherever you get your podcasts! Helping us get Set for Sentencing, Professor Doug Berman, author of the Sentencing Law and Policy Blog. Prof. Berman helps us make sense of two major sentencing events of the past week - President Biden's blanket pardon for federal marijuana possession and a Florida Jury's non-death verdict in the penalty phase of the trial of Parkland shooter Nikolas Cruz. IN THIS EPISODE: Big picture of Pres. Biden’s pot pardon; Historical precedent for “blanket pardons”; What the future may hold for further...
2022-10-1745 minSet For SentencingYour Voice Matters: Priorities for the Newly Minted Federal Sentencing Guidelines CommissionFor the first time in nearly four years, there is a fully staffed, fully functioning United States Sentencing Guidelines Commission. They have published a list of priorities for the 2022-23 cycle and are soliciting public comments until Oct. 17, 2022. But many may not realize just how consequentional some of the proposed changes could be. Therefore, helping us get Set For Sentencing, in an unprecedented double header, our returning champion, Mark Allenbaugh of Sentencingstats.com! IN THIS EPISODE: federal sentencing guidelines overview; The inside scoop on the commission; The need to expand arguments for early release; Congress’s role...
2022-10-101h 08Set For SentencingEven Stephen: The Skinny on Steve Bannon’s SentencingWatch this episode on YOUTUBE, on APPLE PODCASTS, or wherever you get your podcasts! Steve Bannon is set for sentencing on Oct. 21, 2022, after a jury found him guilty of two counts of Contempt of Congress. But, like many of the recent Trump-adjacent prosecutions, we are in uncharted waters. Therefore, helping us get Set for Sentencing to sort all this out, our returning champion, Mark Allenbaugh. IN THIS EPISODE: Guideline and statutory analysis for the crimes of conviction; Considering pardoned conduct at sentencing; The so-called “trial penalty” and whether it will apply here; Whether Bannon can earn...
2022-10-0345 minSet For SentencingPrison Consultants and the Myth of the Fixer: How to Separate Substance from Snake OilPrison consultants have been receiving dubious attention in the press lately. The truth is, a qualified prison consultant can be a valuable member of a well-managed defense team. But, beware of so-called experts who promise you the moon for a fee. Helping us get set for sentencing is Walt Pavlo, the founder of Prisonology, a collection of exceptionally qualified prison consultants, most of whom are former high-level Bureau of Prisons officials. IN THIS EPISODE: Deconstructing the New York Times piece about “a new breed of fixers”; Picking the right consultant for the job; The kind of...
2022-09-261h 01Set For SentencingA View From the Bench: Sentencing Expert Alan Ellis Discusses His Interviews with 40+ Judges About What Matters at SentencingWatch on YOUTUBE or LISTEN ON APPLE PODCASTS Helping us get set for sentencing, attorney Alan Ellis. He's an expert in all things sentencing and post-conviction relief and the author of the wildly popular Federal Prison Guidebook. IN THIS EPISODE: The importance of knowing your Judge; How to develop mental health mitigation; The need to develop a powerful and credible narrative; The need for qualified sentencing experts; Pros and cons of sentencing letters; Restitution as mitigation; The need to properly prepare a client to allocute; Effective use of sentencing mitigation videos; Showing true character wi...
2022-09-1954 minSet For SentencingSO GOES THE NATION: Talking Criminal Justice Reform With Julie Gunnigle, Democratic Candidate for Maricopa County AttorneyThe criminal system in Maricopa County, Arizona is missing the Justice. It's the fourth largest county in the nation, and the eighth largest incarcerator IN THE WORLD. The County Attorney's office has been infamous for decades for overcharging, systemic bias, and flat-out corruption. Helping us get Set For Sentencing this week is Julie Gunnigle. She's a democrat running for County Attorney as a common-sense reformer. She is fearless in her assertion that she will never prosecute women or their doctors for abortion. Her opponent would enforce "trigger" laws on the books from the civil war era. She promises...
2022-09-1252 minSet For SentencingPresumed Punishable: Antiracism at SentencingBlack Americans and other minorities are disproportionally represented in the numbers of those charged, the kinds of charges they face, and the length of sentences imposed. The question is WHY? The answer is far from simple, but it’s one that everyone needs to better understand. Helping us get Set for Sentencing, Dean of the Detroit Mercy School of Law, Jelani Jefferson-Exum. Dean Jefferson-Exum focuses her research, writing, and teaching on sentencing and systemic racism. She is dedicated to introducing new ways to think about the goals of punishment in order to alleviate the consequences of built-in bias i...
2022-09-061h 14Set For SentencingDraco: Alive & Thriving: Historical and Constitutional Roots of Modern SentencingHelping us get Set for Sentencing, Constitutional scholar and extraordinary criminal defense lawyer, Robert McWhirter. Bob is a nationally and internationally known speaker and author on trial advocacy, immigration law, and the history of the bill of rights. His most recent book, is Fixing the Framers' Failure: 13th, 14, 15th Amendment and America's New Birth of Freedom, available for pre-order on Amazon. Bob’s encyclopedic knowledge of not just the law, but the history behind it, makes this conversation particularly unique and fascinating. IN THIS EPISODE: What is the "Framers' Failure" and how do we fix it...
2022-08-2952 minSet For SentencingPlease Open In the Event of My Death: The Art, Craft, & Terror of Telling Your Own Story.I’ve said it before, and I’ll keep saying it – at sentencing, narrative is everything. Helping us get Set For Sentencing is a man who knows how to tell GREAT stories. Mark Hsu is an attorney and the author of a sweet, poignant, and incredibly well-written book called, Please Open In the Event of My Death: A Father’s Advice To His Daughters In Case Something Horrible Happens (Which Hopefully It Won’t But Just In Case), and that title says it all. IN THIS EPISODE: The power of telling your own story and sharing it...
2022-08-2254 minSet For SentencingMAR-A-LAGO-ING TO PRISON? (Worst Case Scenarios if DJT ends up in the BOP)We are all still reeling from the monumental events at Mar-a-Lago last week. Everyone is presumed INNOCENT until proven guilty and there’s still so much we don’t know about what’s going on. But the search and seizure of the former president's residence is unprecedented & historic. Therefore, it’s important to consider the potentially monumental sentencing possibilities if Trump is convicted of the crimes enumerated in the search warrant. Helping us get Set For Sentencing, a returning champion to the podcast, sentencing guidelines expert, Mark Allenbaugh. In this episode, Mark and Do...
2022-08-1544 minSet For Sentencing"It's a Real Life": A Former Client's Redemption StoryHelping us get Set for Sentencing this week, an amazing human who happens to be not only a former client, but also the subject of the first full-on sentencing mitigation video ever produced in Federal Court, almost twenty years ago! I am so grateful that Dustin Arnold agreed to share his incredible journey from gifted student to deep addiction, from arrest to sentencing, and from rehabilitation to true redemption. His story continues to inspire and amaze. Dustin tells us what it feels like to put his fate and future in the hands of a lawyer. He al...
2022-08-0849 minSet For SentencingDigging Deep With Defense MapsUnderstanding, let alone telling, your client's story can be a daunting task. Lawyers often lack the time and resources to peel back the layers of a client’s life and properly put their offense in context. Thankfully, they now have a free, powerful, comprehensive and confidential tool to help get the job done – Defense Map. Helping us get Set For Sentencing is Charlie Asher, the founder/creator of defensemap.com. The mission of Defense Map is to help balance the scales of a criminal justice system rife with wrongful convictions, uninformed and excessive sentencings, and mass incarceration. De...
2022-08-0147 minSet For SentencingQuestion Everything: Computer Forensics at SentencingIn a criminal case, the contents of your computer can be your saving grace or the nail in your coffin. This is particularly true in cases involving online offenses. But, taking the government's word for what they found during the search of your devices is a very bad idea! Helping us get Set For Sentencing is computer forensics expert, Tami Loehrs. She brings more than 30 years of legal and computer experience, as well as hundreds of hours of computer forensics training to the table. Ms. Loehrs gives us the straight scoop on how to defend crimes involving compu...
2022-07-2554 minSet For SentencingSentencing Psychodrama!Helping us get Set for Sentencing this week, Patrick Barone, a phenomenal Michigan criminal defense lawyer and certified practitioner of psychodrama, a powerful and popular tool used in psychotherapy. Done right, lawyers can deploy psychodrama techniques in and out of court. It gives us a new path to discover credible and heartfelt ways to reframe our sentencing narratives. Perhaps most important, psychodrama deepens the participant's capacity for empathy, which is in short supply in our system. Patrick Barone has fully embraced psychodrama in his practice and his life. After learning about the technique at the fam...
2022-07-181h 14Set For SentencingStories From the Frontlines of Justice: From Prosecution to DefenseHelping us get Set for Sentencing this week, extraordinary defense attorney and fantastically empathetic human, Ashley Adams. Ms. Adams brings a unique perspective, having spent several years as an Assistant United States Attorney, prosecuting predominantly white-collar offenses. This episode is jam packed with incredible information, great stories, new ideas, and tons of heart. It also ends up being a great prelude to two upcoming episodes on the topics of psychodrama and defensemap.com. Stay tuned and please follow on iTunes and subscribe on YouTube! IN THIS EPISODE: How her experience as a fe...
2022-07-1149 minSet For SentencingThe Devil You Know: The “Funny Math” of the Guidelines, Proposed Fixes, and Lessons Learned From Capital Defense.Helping us get Set For Sentencing, Prof. Douglas Berman. He is is the Newton D. Baker & Hostetler Chair in Law and Executive Director of the Drug Enforcement and Policy Center, housed in the Moritz College of Law of The Ohio State University. Professor Berman is the creator and author of the widely-read and widely-cited blog, Sentencing Law and Policy. The blog now receives nearly 100,000 page views per month. In this episode: What non-capital defenders can learn from looking at death penalty mitigation and trends; Making the case for jury sentencing in non-cap cases; How draconian sentencing laws a...
2022-07-041h 09Set For SentencingUnderstanding Autism at SentencingAt least 1 in every 54 Americans are on the Autism Spectrum. But prosecutors and judges often fail to understand what Autism is, why those on the spectrum can be morally blameless for the crimes they have committed, why they are they unlikely to reoffend, and why sending them to prison is cruel and unusual punishment. Helping us get Set For Sentencing this week, Attorney Jamie Sparks and Dr. Toni Sparks, Asst. Prof. of Practice, Disability & Psychoeducational Studies at the Univ. of Arizona. A dynamic duo, these two sisters combined their expertise to achieve an incredible result for their Au...
2022-06-271h 24Set For SentencingYouTube Bonus Episode: Sedition Edition!The 1/6 hearings are in full swing. We don’t know what will come of it. What we do know is that there have already been two major indictments brought by the DOJ alleging the crime of “Seditious Conspiracy”. But, it is a total mystery what kind of sentences a judge may impose if convictions ensue. This crime has little precedent in American jurisprudence, and the sentencing guidelines contain more questions than answers. So, we thought it be good to unravel this whole mess with our resident federal sentencing guideline expert, Mark Allenbaugh of sentencingstats.com! ...
2022-06-2329 minSet For SentencingNarrative is Everything at Sentencing!Lawyers are fundamentally problem solvers; and narrative is, as Dr. Randy Olson tells us, is “a series of events that occur in search of a solution to a problem.” So, if you want to persuade decision makers to reach the right result at sentencing, you must communicate in narrative. Helping us get set for sentencing this week is communications expert, author, filmmaker, and teacher Dr. Randy Olson. Dr. Olson has cracked the code of narrative structure. He has taken the myriad complex and often inaccessible story models developed over centuries, and boiled them down to the ele...
2022-06-201h 34Set For SentencingTelling the Story of Prison at SentencingPrison is not just a potential outcome of sentencing; it can and should be an influencer at sentencing. Where a person will serve their time, how a person will serve their time, and what information follows them into an institution are all integral components of a comprehensive, empathy-based, sentencing presentation. Helping us get set for sentencing is Maureen Baird. Ms. Baird retired after a distinguished career with the Federal Bureau of Prisons (BOP), including serving as warden of some of the toughest prisons in the system. Ms. Baird now serves as a consultant and expert witness on al...
2022-06-131h 08Set For SentencingDavid Rudolf: American Injustice, The Staircase, and Defending EmpathyHelping us get set for sentencing is David Rudolf -- attorney, author, and lead counsel in the acclaimed Netflix documentary, “The Staircase”, which is now a controversial HBO mini-series. Mr. Rudolf has been on the front lines of justice for decades as one of the nation’s preeminent trial lawyers. He has dedicated his life to giving voice and vindication to a special class of victims in our system -- those convicted and sentenced for crimes they did not commit. He recently published a riveting look at our dysfunctional system, American Injustice: Inside Stories from the Underbelly of the C...
2022-06-061h 13Set For SentencingDisrupting the Dehumanizing Sentencing ProcessI can think of no better guest to officially launch the Set For Sentencing Podcast than the incomparable Liz Vartkessian! As the Executive Director of Advancing Real Change, Inc., she understands that narrative is everything at sentencing. She knows that our clients are more than their worst deed, and more than just a stack of paper in a file. Her amazing organization takes an undeniably essential humanistic approach to the development of crucial sentencing mitigation in capital and serious non-capital cases. I have learned so much from Liz and the fantastic trainings her organization provides ov...
2022-05-3057 minSet For SentencingKeep Fighting the Good Fight on Compassionate Release!The powers-that-be would like to pretend that Covid is over, the prisons are safe, and Compassionate Release is no longer necessary. This is simply not the case. Set for sentencing is a brand new podcast. Officially launches end of the month. But some topics are just too timely to wait for the official release. Therefore, enjoy this web extra with the incomparable Mark Allenbaugh, who returns to to talk about the current state of federal compassionate release cases. We dig in to the hard facts and cool graphs to tell the truth about deceiving data, spe...
2022-05-251h 04
Lawyers Who LeadLeading with Story with Doug PassonThis week, Sigalle sits down with Doug Passon, a litigator of twenty-five years and an internationally recognized expert in video advocacy who has been featured in several publications, including the Wall Street Journal, New York Times and The Atlantic.
Doug combined his passion for film and law to create the documentaries he uses in legal advocacy for sentencing and post-conviction proceedings. He served for seven years on the faculty of the National Sentencing Advocacy Workshop.
Doug published numerous articles on criminal justice issues and recently co-authored the book, the Narrative Gym for Law: Introducing the...
2022-04-2640 minSet For SentencingSenators Selling Sentencing Snake Oil at KBJ Confirmation HearingsThe Set for Sentencing Podcast is close to launch and I can't wait for you to see/hear it. But, the recent Senate Confirmation Hearings for Justice Kentanji Brown Jackson were heavily focused on federal sentencing law. Therefore, I could not wait to dig in. I had a lively conversation about all of the misinformation and disinformation happening at the hearing concerning questions about the judge's sentencing record.
2022-04-1753 min
ABT TimeThe Four Horsemen of the ABT Apocalypse: SCIENCE (Randy Olson), BUSINESS(Park Howell), LAW (Doug Passon) and POLITICS (Dave Gold)Time to learn about THE PAUL BEGALA CHALLENGE: To change the thinking of Democrats from And, And, And thinking (“Programmatic Lists”) to And, But, Therefore thinking (ABT Narrative Intuition). Randy Olson matches notes with the three co-authors of the “Narrative Gym” series of books for BUSINESS (Park Howell), LAW (Doug Passon) and POLITICS (Dave Gold). Randy Olson https://twitter.com/ABTagenda Randy's Blog: http://scienceneedsstory.com Learn more about the ABT Framework Course: http://www.abtframework.com/ Park Howell https://twitter.com/ParkHowell https://businessofstory.com Doug Passon https://www.dougpassonlaw.com/...
2022-03-291h 15
Waking Up To Life -- 18 Minutes With Rabbi JoshDoug Passon -- Magic & Miracle Are Always Around Us -- Attorney & Film Maker, The Doug Passon Law FirmDoug Passon is an attorney and film maker living in Phoenix, Arizona where he specializes in Sentencing Advocacy and Sentencing Mitigation Videos. He is also the co-author of a new book called The Narrative Gym for Law. In this episode we discuss his understanding of the philosophy of Joseph Campbell and others who teach us to be "in the moment". Our conversation suggests that magic and miracle are ALWAYS around us. So join me as we hear another guest share the potential to "WAKE UP TO LIFE"
2022-02-2029 min
ABT TimeOur New Book: “The Narrative Gym for Law,” discussion with coauthor and defense lawyer, Doug PassonWe are producing a series of books applying “The Narrative Gym” to different disciplines. BUSINESS was released in September with coauthor Park Howell. POLITICS will be released in January with coauthor Dave Gold. In this episode we discuss the current release of LAW with coauthor Doug Passon. Doug Passon https://www.dougpassonlaw.com/ https://twitter.com/dougpassonlaw Randy Olson https://twitter.com/ABTagenda Randy's Blog: http://scienceneedsstory.com Learn more about the ABT Framework Course: http://www.abtframework.com/ Jen Martin https://twitter.com/scido...
2021-12-2155 min