NACDL - Podcast Details

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Public Defenseless313 | How Marsy's Law is Undermining the Criminal Legal System w/Ráchael Powers Today, Hunter is joined by professor Ráchael Powers to discuss Marsy’s Law. For those unfamiliar, Marsy’s Law is one of many types of Victim’s Bill of Rights law that exist around the country. These laws are designed to give victims of crime more rights in the criminal legal system. The only problem? They often directly conflict with the rights of the accused. Today, Ráchael joins us to talk about a report she published for the NACDL about the dangers of Marsy’s Law. Guests: Ráchael Powers Resources...2024-12-191h 10

Public Defenseless275 | How NACDL is Helping Public and Private Defenders Fight Back Against New Oppressive Policies w/Lisa Wayne Today, Hunter is joined by Lisa Wayne, the Executive Director of the National Association of Criminal Defense Lawyers. In this episode, Lisa and Hunter discuss how NACDL is trying to help give Public and Private Defenders the tools, skills, and policies they need to fight for their clients in and out of the court room. Guests: Lisa Wayne, Executive Director, National Association of Criminal Defense Lawyers Resources: Trial Penalty https://www.nacdl.org/Landing/TheTrialPenalty NACDL https://www.nacdl.org...2024-09-1259 min

Set 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 09

Public Defenseless260 | How the Lack of Independence Weakens Federal Public Defense w/Melody Brannon Today, Hunter spoke with the Chief Federal Public Defender for the District of Kansas to discuss independence, or the lack thereof, for federal public defenders. Unlike many state systems, the federal system is at the mercy of the federal judiciary. As a result of this judicial oversight, the federal public defenders can be hesitant to be as vocal and aggressive in their public advocacy. Over the past year, the hiring freeze for federal public defense demonstrated the pressing need to remove the federal public defenders out from the control of the bench. Guests:...2024-07-3055 min

Set 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 min

Public Defenseless227: *AUDIO FIXED* Where is the Ethical Limit for Zealous Criminal Defense Advocacy? w/Martín Sabelli Today, Hunter is once again joined by former NACDL President, Martin Sabelli. This time, Hunte and Martin are discussing a memo he put out while President about the Ahmaud Arbery murder trial. In that trial, Martin felt that the defense counsel improperly used racism as a tactic in their defense. Martin put out the memo because he felt that those in the criminal defense community, those who fight against systems of racism aught not use the tools of the very system that actively incarcerates so many of their clients. As such, today’s episode is all about figuring out wh...2024-04-161h 07

Public Defenseless191: The Digital General Warrants Encroaching on Your Right to Privacy w/Mike Price At the founding of the country, the Fourth Amendment was designed to protect against general warrants. In the colonial period, the Crown would secure warrants to search anything and everything in one’s possession in often meritless attempts to harass and intimidate colonists. One would think that this history would make people wary at the thought of such a warrant, but with the advent of Geo-Fence and Key Word Search Warrants, the general warrant has entered the digital age…with the legal system struggling to keep up. Today, Hunter is joined by Mike Price, the Litigation Director of the Four...2023-12-121h 07

Public Defenseless190: The Dangerous Expansion of Facial Recognition Technology w/Clare Garvie Continuing our Fourth Amendment mini-series, Hunter is joined today by Clare Garvie, the facial recognition technology guru at the Fourth Amendment Center. As she lays out in her excellent report on facial recognition technology, its use is widespread, and that should frighten everyone. Thanks to Clare’s expertise, hopefully each of you will walk away understanding that facial recognition technology is not something that police departments should be using any time soon. Guests: Clare Garvie, Training and Resource Counsel, Fourth Amendment Center, NACDL Resources: Fourth Amendment Center 2023-12-071h 04

Wrongful Conviction Podcasts#394 Wrongful Conviction: Junk Science - Hair Microscopy EvidenceEven when examined under a microscope, the similarities that can be observed between two hairs are open to wide interpretation, there are no definitive traits that can prove with any scientific certainty that a suspect’s hair matches a hair found at a crime scene. Yet hair comparison analysis was still being used to falsely identify and convict innocent people up until the year 2000 and people are still incarcerated who were convicted based on this false evidence. So how did this evidence get admitted into courts in the first place? Josh Dubin speaks with Vanessa An...2023-10-0248 min

Wrongful Conviction#394 Wrongful Conviction: Junk Science - Hair Microscopy EvidenceEven when examined under a microscope, the similarities that can be observed between two hairs are open to wide interpretation, there are no definitive traits that can prove with any scientific certainty that a suspect’s hair matches a hair found at a crime scene. Yet hair comparison analysis was still being used to falsely identify and convict innocent people up until the year 2000 and people are still incarcerated who were convicted based on this false evidence. So how did this evidence get admitted into courts in the first place? Josh Dubin speaks with Vanessa An...2023-10-0236 min

Public Defenseless155: How the NY Legal Aid Created a Digital Forensics Unit to Push Back on the Power of Police and Prosecutors w/Jerome Greco For cops and prosecutors, the idea of not having access to their own forensic departments is almost inconceivable, but for Public Defense, that is the standard practice. Today, Hunter sat down with Jerome Greco, the supervising attorney for one of the only digital forensics unit in the country made specifically available to Public Defenders. With the rapid expansion of surveillance and digital technology in the hands of police and prosecutors, Public Defense should look to the success of Jerome and his team as a potential model to fight back. Guests: Jerome Greco, Digital Fo...2023-08-311h 05

Public Defenseless154: Putting the Genie Back in the Bottle: Why the Use and Expansion of RICO is Bad w/Martin Sabelli Today, Hunter is once again joined by former NACDL President Martin Sabelli to discuss the criminal charge that everyone is talking about, RICO. As with many laws on the books, RICO started out designed to target a specific group of people: leadership of the Mafia. Also like many laws on the books, it was written in such an ambiguous and wide manner that prosecutors could use it far beyond its intended purpose. Over the years, RICO has been used against targets never intended or envisioned by those who originally supported the law, and today’s episode is all about un...2023-08-301h 00

Public Defenseless153: The Coalition Fighting to End the Trial Penalty w/Martin Sabelli and Nathan Pysno Despite being the bedrock of our criminal legal system, “the jury trial is an exceptional rather than a commonplace outcome.” Today, Hunter is joined by Martin Sabelli and Nathan Pysno to discuss somethings leading to the erosion of the jury trial. Specifically, they discuss how harsh sentences enable coercive plea bargaining and enshrine the “trial penalty”. Few if any other Constitutionally protected rights lead to a person being punished for using them, but the trial penalty is nothing more than punishing people for forcing the government to prove a person committed a crime at trial. Gu...2023-08-291h 14

Key To The Case3. Samantha OlsonOn August 14th, 2013, 31-year-old Samantha Olson was murdered while driving in North Little Rock, Arkansas in what appeared to be a random act of violence. Who killed Samantha and why? Instagram: https://www.instagram.com/keytothecasepodcast/ Email: keytothecase@gmail.com Sources: https://www.rollerfuneralhomes.com/services.asp?page=odetail&id=31950&locid= https://www.youtube.com/watch?v=nlzZXGYz9bM https://www.fox16.com/news/special-reports/father-hopes-samanthas-story-can-end-with-finding-north-little-rock-cold-case-killer/ https://www.thv11.com/article/news/crime/murder-of-samantha-olson-remains-unsolved/91-4b88e10f-e0f3-4...2023-08-0645 min

Gin & JusticeLegal Brief: Second Chance Month 2022On this weeks Legal Brief, Justine and Amanda talk about Second Chance Month, how you can get involved, and about a bunch of celebrities you didn't know have criminal records!For more Second Chance information:https://www.prisonfellowship.org/Virtual Second Chance® Month Gala on April 28 at 7 p.m. ETRegister online.They will be celebrating the power of second chances! Businesses, communities, churches, and families will gather to hear transformation stories and conversations highlighting the need for second chances.https://w...2022-04-1215 min

The Criminal Docket#64: Interview with Alabama criminal defense attorney Richard S. Jaffe, author of the NACDLPress publication, “Quest for Justice: Defending the Damned” 2nd Ed.In this episode, NACDL Public Affairs and Communications Associate Madeline Sklar sits down (virtually) with Alabama criminal defense attorney Richard S. Jaffe to discuss his NACDLPress publication, Quest for Justice: Defending the Damned 2nd Ed., his four decade-long legal career, and the case of Toforest Johnson. Learn more about NACDL. Madeline Sklar, guest host. Music West Bank (Lezet) / CC BY-NC-SA 3.0 and Walkabout (Digital Primitives) / CC BY-NC-ND 3.0.2021-04-3037 min

The Criminal Docket#63: Interview with Founder and Executive Director of Civil Rights Corps Alec Karakatsanis, author of “Usual Cruelty: The Complicity of Lawyers in the Criminal Injustice System”In this episode, NACDL Executive Director Norman L. Reimer sits down (virtually) with Founder and Executive Director of Civil Rights Corps Alec Karakatsanis to discuss his book Usual Cruelty: The Complicity of Lawyers in the Criminal Injustice System. Karakatsanis’ book offers a timely critique of the criminal “injustice system” and those who consciously or unconsciously uphold it. Learn more about NACDL. Norman L. Reimer, guest host. Music West Bank (Lezet) / CC BY-NC-SA 3.0 and Walkabout (Digital Primitives) / CC BY-NC-ND 3.0.2021-03-191h 01

How to Fix the InternetPilot Part 3: Closing a Loophole in the 4th AmendmentJumana Musa joins EFF hosts Cindy Cohn and Danny O’Brien as they discuss how the third-party doctrine is undermining our Fourth Amendment right to privacy when we use digital services, and how recent court victories are a hopeful sign that we may reclaim these privacy rights in the future.In this episode you’ll learn about:How the third-party doctrine is a judge-created legal doctrine that impacts your business records held by companies, including metadata such as what websites you visit, who you talk to, your location information, and much more;The Jones case, a vita...2020-11-1733 min

Direct Examination PodcastEpisode 5 - NACDL President Chris Adams on Death Penalty CasesJoseph and Dayne talk with NACDL President Chris Adams.Contact us at DirectExaminationPodcast@gmail.comHOSTS:- Dayne Phillips (@sccrimlawyer): sccriminallaws.com/ |- Amber Fulmer (@redjudicata): https://jdooleylaw.com/attorney-amber-fulmer/- Joseph Bias (@JosephPBias)--- This episode is sponsored by · Anchor: The easiest way to make a podcast. https://anchor.fm/appSupport this podcast: https://anchor.fm/direct-examination/support 2020-11-0257 min

The GAME Recognize Game Podcast with rLj and KevVoter Rally: Strolling to the Polls, Part 1Monica Reid, Director of Advocacy at the NACDL represents for the women and discusses criminal justice reform Live Streamed on 10/24 --The "Get Up, Get Out, and Do SOMETHING" Virtual Voter Rally was designed to encourage people to vote in the 2020 general election. We have seen the statistics of voter turnout from past elections, and we have also heard about the unjust obstacles being created to discourage and prevent underrepresented communities and populations from voting. Even with the aforementioned, we know and still believe in the POWER of the vote, and that’s why it is imperative that we...2020-10-2532 min

Wrongful Conviction#152 Wrongful Conviction: Junk Science - Hair Microscopy EvidenceJosh Dubin speaks with Vanessa Antoun, Senior Resource Counsel at the National Association of Criminal Defense Lawyers (NACDL) to learn about Hair Microscopy Evidence. Even when examined under a microscope, the similarities that can be observed between two hairs are open to wide interpretation, there are no definitive traits that can prove with any scientific certainty that a suspect’s hair matches a hair found at a crime scene. Yet hair comparison analysis was still being used to falsely identify and convict innocent people up until the year 2000 and people are still incarcerated who were convicted based on...2020-08-2634 min