Two men committed a double murder in rural Maine in 1990. Only one pulled the trigger. The state prosecutor decided to try them separately, but that was a mistake, and both were acquitted. Then the Feds came in, and sentenced one man to life in prison for a crime he was already acquitted of doing. How is this possible in America? The answer is a loophole in criminal law. Today we examine that loophole by looking at the Thanksgiving Day murders in Maine, and the constitutional challenges this loophole has survived over the years.

Guest voices include Sharon Mack, Gerald Leonard of Boston University Law, Judge Frederic Block, State Senator Todd Kaminsky, and Matthew Noah Smith of Northeastern University.

In the Slate Plus bonus episode, Barry talks to Matthew Noah Smith of Northeastern University and Mark Schroeder of USC on whether John Rawl's distinction between procedural and substantive justice can help tell us whether and why the practice of sentencing on unconvicted conduct is just or unjust.

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A teen-aged girl gets caught with a suitcase stuffed with powdered cocaine, and she comes before a federal judge. That judge learns that a felony conviction carries punishments for life for her. He embarks on a mission to get all other judges to shorten prison sentences in light of this. Meanwhile, a researcher learns of a pervasive but secretive practice where prosecutors, defense attorneys, and judges skirt the truth to protect defendants from unjust harsh punishments imposed on them from lawmakers. This week we look at collateral consequences, the thousands of laws restricting the freedoms and opportunities of the formerly convicted, like voting, housing, job opportunities, government benefits, and deportation. One philosophers believes many of these are permanent punishments, not civil measures for reducing risk. Guest voices include Judge Frederic Block, philosopher Zachary Hoskins, and legal scholar Thea Johnson.

In the Slate Plus bonus episode, Judge Block gives his opinions about mandatory minimum sentencing and prosecutorial immunity. Zachary Hoskins distinguishes between two different principles of proportionality in sentencing, and Thea Johnson talks about why fictional pleas give prosecutors more power, even though they benefit defendants.

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Erick Williams tells the story of how one bad night in the chow hall got him into solitary confinement at Walpole. The path out of solitary, and eventually out of prison, took another decade. On this episode, we look at the unique power of the Department of Corrections to do with prisoners what they will at their discretion. Philosopher Lisa Guenther tells the history of solitary in America, and the conceptions of the self that drive its continued use. We end with an examination of what the experiences of solitary say about the nature of human experiences of time, purpose, and connection with other humans.

Guest voices include Erick Williams, Lisa Guenther, Lisa Newman-Polk, and Jamie Eldridge.

In Slate Plus, Barry and Lisa Newman-Polk tell the story of Eugene Ivey, who spent 13 years is solitary, was paroled, but is still locked up on charges inside the Massachusetts prison system.

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On this episode, we look at feminist and progressive prosecution; how does a prosecutor balance the aims of prosecuting more gender-based crimes while also being sensitive to the problems of mass incarceration? We look at the story of one Maine prosecutor who is winning victories in sexual assault cases that were once deemed unwinnable, and whether this lowers the bar of burden of proof to unjust levels for gender crimes. Finally, we look at how one study in 1984 started a 40-year trend in mandatory arrest policies for domestic violence, and how these policies have backfired for the communities those policies were meant to protect. Guest voices include Natasha Irving, Michelle Madden Dempsey, Aya Gruber, and Lawrence Sherman.

In Slate Plus, Sarah Lustbader and Barry talk about whether the adversarial system of prosecution and defense makes the criminal justice system a bad way to pursue improvements in gender relations and reduce gender-based crime.

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This week we go inside investigative operations in NYPD internal affairs and in the war and drugs to look at the police use of discretion to selectively break laws in order to pursue the bad guys. One former FBI special agent turned political philosopher argues that local and federal law enforcement are the biggest threat to the rule of law in their ongoing use of discretion to secure informant deals, perform sting operations, and otherwise break laws in order to enforce them. Guest voices include Robert Bryan, Luke Hunt, Nick Taiber, and Sarah Lustbader.

In Slate Plus bonus episode: Sarah Lustbader talks about the incentive public defenders have to make informant deals, and whether we can justify liking police discretionary actions to break laws in the interest of busting crooked cops and politicians, but despise their use for low-level drug offenses. They conclude with talk about what makes for valid and free contracts between unequal parties, and whether there is a difference between and offer and a threat.

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Is a mobile home a home or a car? Is a car parked inside a home part of the home? The answer to these stoner philosophical questions determine the scope of police power. Over the last 100 years, the Supreme Court has presided over the expansion of police discretionary powers to stop, search, and arrest people through litigation over automobiles. This week, we look at the stories of those decisions, including Carroll, Ross, and Whren, We then turn to the political morality of police discretion, and why John Rawl's test of public reason places far more constraints on law enforcement than the Supreme Court ever would. We investigate the consequence of public reasons tests for targeted policing, racial profiling, and consider whether police should have the power to overrule democratically elected criminal laws. Guest voices include Sarah Seo, Brandon Del Pozo, and archival audio from SCOTUS.

In Slate Plus, Sarah Lustbader and Barry talk about how to implement public reasons test for policing, and how the existing system has judges and prosecutors presume that arrest is the default rightful response to lawbreaking, rather than being a default wrongful response for malum prohibitum crimes.

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In this Slate Plus segment, Barry is joined by Sarah Lustbader to discuss the issues raised in Episode 1: Criminal Minds. Sarah expresses skepticism about the significance of mens rea in ordinary prosecution of street crimes, Barry uses the opportunity to discuss the issue of moral luck as an explanation of why egregiousness of outcome seems to be the driving factor for prosecution rather than mens rea. The two end with a discussion of why the deontological/consequentialist distinction is so difficult to figure out for reform-minded advocates.

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One place where law and morality are supposed to agree is that there should be no crime without a criminal mind, what is called “mens rea” in criminal law. But there have been a proliferation of crimes that do not require knowledge or intent, contributing to over-prosecution and overincarceration. Conservative and libertarian lawmakers have claimed the moral high ground over progressives in advocating that people who do not intend and do not know they are breaking a law be excused for their criminal conduct. Is this correct, or is it just a cover to make white-collar crimes harder to prosecute? Today we look at the battle over mens rea reform in the criminal justice system, the moral theory underlying the idea that being culpable for wrongdoing requires an objectionable state of mind, and why it is that human beings care so much more about mindset than they do about conduct.

Guest voices this week: Michael Chase, Benjamin Levin, Gideon Yaffe, State Senator Todd Kaminsky, John Guidry, and Sarah Lustbader.

Join the invite-only Zoom events after every episode this season, visit hiphination.org to find out how.

The episode is brought to you by the Getting Ethics to Work podcast, from the Prindle Institute for Ethics at Depauw University.

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When it comes to closing a deal, generating client referrals, or getting repeat business, understanding how to elevate the customer’s experience can make all the difference, and can often be a philosophical approach. So how do you go above and beyond to deliver extraordinary experiences? To find out, host JulieGurner talks to customer experience guru and former Head of Customer Experience Programs at JetBlue Airways, Liliana Petrova. Together, they dive into the process of thinking through the customer journey, executing ideas, conveying your vision, and much more.

Download and subscribe to The Relentless on Apple Podcasts, Stitcher, Spotify, TuneIn, Overcast, or wherever you listen.

This paid podcast is produced by Slate Studios and Century 21 Real Estate.© 2020 Century 21 Real Estate LLC. All rights reserved. CENTURY 21®, the CENTURY 21 Logo and C21® are registered marks owned by Century 21 Real Estate LLC. Century 21 Real Estate LLC fully supports the principles of the Fair Housing Act and the Equal Opportunity Act. Each office is independently owned and operated. This material may contain suggestions and best practices that you may use at your discretion. The opinions expressed in this podcast are those of the individuals featured and not necessarily of Century 21 Real Estate

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From writing criminal laws to rights denied to the formerly incarcerated, every single stage of the criminal justice system runs on unquestioned assumptions about right and wrong, responsibility and excuse, freedom, protection, and discretionary decision-making. This season of Hi-Phi Nation will question and examine those assumptions. The season begins on May 2nd, 2020, and will feature exclusive invite-only Zoom events for select listeners. Go to hiphination.org to find out how to be invited.

Also this season, there will be eight bonus episodes featuring me in conversation with criminal justice professionals. Slate Plus members get an ad-free feed and all eight bonus episodes this season.

Join Slate Plus to unlock full, ad-free access to Hi-Phi Nation and the rest of your favorite Slate podcasts. Subscribe directly from the Hi-Phi Nation show page on Apple Podcasts or Spotify. Or, visit slate.com/hiphiplus to get access wherever you listen.

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