Life, Liberty, and the Pursuit of Snarkiness

One of the more-ignored occurrences of our previous election day was the vast number of criminal justice reform referendums that passed. Aaron and Austin review several state questions, propositions, and other efforts aimed at reform, evaluating their practicality, effectiveness, and overall usefulness for the cause. Opinions are also given about gin, Cheetos, and Autocorrect.

Time Magazine’s overview of how Criminal Justice Reform did on Election Day: https://time.com/5907794/2020-election-criminal-justice/

The ACLU’s post-mortem of the election’s criminal-justice-reform-related outcomes: https://www.aclu.org/news/smart-justice/criminal-justice-reform-takes-another-big-messy-step-forward-in-2020-elections/

An explanation for why Aaron said the word “Drugs!” the way he did that also serves as an important explanation of millennial culture: https://www.youtube.com/watch?v=05CXzjS8HX4

Theme-song information:

Music from YouTube Audio Library [Aka YAL]

Music provided by RFM: https://youtu.be/hMLSa6-cXT0

In honor of Armistice/Veteran’s Day this week, Aaron and Jason discuss the political antecedents to the oft-ignored (in American contexts) First World War. The hosts discuss how the century before the war influenced the war’s start, how the war became about Britain and Germany even though neither had anything to do with the events that sparked the conflict, and what lessons we can learn from WWI in the modern day.

Theme-song information:

Music from YouTube Audio Library [Aka YAL]

Music provided by RFM: https://youtu.be/hMLSa6-cXT0

The various and sundry hosts of the podcast come together on election day to discuss the least political topic they know, and the only one that helps them keep it together: alcohol. From college mistakes to myths about tequila to discussions of cheap beer, everything BUT the election is discussed.

Theme-song information:

Music from YouTube Audio Library [Aka YAL]

Music provided by RFM: https://youtu.be/hMLSa6-cXT0

Aaron and Austin start by answering some questions about their previous “Beyond Brutality” episodes before moving into an updated discussion of the murder of Breonna Taylor. Aaron discusses the case as an example of almost everything that can go wrong with the justice system going wrong, while Austin focuses on the specific prosecutorial misconduct, as well as the issue of grand juries, explaining why the grand jurors’ publicly speaking out in this case is incredibly important, and how AG Cameron has fundamentally harmed the Criminal Justice system with his actions so that declassifying the grand jury is really the only available fix.

Articles reviewing the Grand Jurors’ statements, as well as Judge O’Connell’s statements:

https://www.msn.com/en-us/news/us/judge-rules-breonna-taylor-grand-juror-can-speak-publicly-about-proceedings/ar-BB1adU7G

https://www.msn.com/en-us/news/us/breonna-taylor-case-kentucky-governor-calls-on-ag-to-release-everything-from-grand-jury/ar-BB1ajdpV

https://thehill.com/homenews/state-watch/522370-another-grand-juror-in-breonna-taylor-case-rebukes-the-proceedings

Theme-song information:

Music from YouTube Audio Library [Aka YAL]

Music provided by RFM: https://youtu.be/hMLSa6-cXT0

While not giving their opinions on Justice Barrett specifically, Austin and Aaron tackle the topic of Originalism, Justice Barrett’s judicial philosophy, around which a number of critiques of her have centered. Austin gets actually outraged for the first time when addressing numerous critiques of originalism, while Aaron talks about the importance of taking statements and beliefs and theories in context.

NOTE: Aaron’s microphone broke literally ten minutes before recording. He’ll have a new microphone soon!

The Washington Post on Originalism: https://www.washingtonpost.com/politics/2020/10/17/originalism-diverse-america-how-does-amy-coney-barretts-judicial-philosophy-square-with-who-was-left-out-constitution/

Jamelle Bouie for the NYT on Originalism and the “Reinvention” of the Constitution in 1865: https://www.nytimes.com/2020/10/16/opinion/amy-coney-barrett-originalism.html

Dahlia Lithwick for MSN on Originalism: https://www.msn.com/en-us/news/opinion/the-heartlessness-of-amy-coney-barrett-s-judicial-philosophy/ar-BB1a1t1s

In the wake of Indigenous Peoples’ day, as well as Donald Trump’s call for “patriotic” education, his Columbus day proclamation against those who seek to “destroy our history” by pointing out that Columbus was a terrible, terrible person, and his executive orders regarding the 1619 project, Aaron and Jason discuss philosophy of history. Jason brings up his belief that pedagogy should teach students how to think, not what to think, while Aaron brings up the problem of constructivism and how, since our perception is inherently subjective, our interpretations of history will be as well. Jason and Aaron also discuss their mutual teaching philosophies for their subjects of history and psychology.

Theme-song information:

Music from YouTube Audio Library [Aka YAL]

Music provided by RFM: https://youtu.be/hMLSa6-cXT0

Aaron and Austin continue their discussion of needed criminal justice reform. This week, they set their sights on prosecutors, and from the get-go, Aaron struggles against (and nearly breaks) the no-swearing rule. Aaron talks about why he thinks prosecutors are, in many ways, the “ultimate evil” of the justice system, why they are psychologically set up to become tyrannical, and how they serve as a perfect example of why systemic, “from the ground up” efforts are needed for criminal justice reform. Austin gives specific examples of prosecutorial misconduct that illustrates the fact that prosecutors have too much power and not enough accountability.

Judge Frederic Block on the need for Prosecutorial Reform: https://www.themarshallproject.org/2018/03/13/let-s-put-an-end-to-prosecutorial-immunity?fbclid=IwAR0BEQYShMhH3wNq0RJGayuhUTuGmq-3dHlsJh_JEtNpzmNchW7gw7NnHXo

An overview of Russell Faria’s case: https://www.law.umich.edu/special/exoneration/pages/casedetail.aspx?caseid=4792

Theme-song information:

Music from YouTube Audio Library [Aka YAL]

Music provided by RFM: https://youtu.be/hMLSa6-cXT0

Recorded before President Trump’s nomination of Amy Coney Barrett, Aaron and Austin reflect on the legacy of Justice Ruth Bader Ginsberg, looking beyond the Right-Wing talking points of Abortion and Gun Rights to see RBG’s legacy as a defender of individual rights and an advocate of the Fourth Amendment. While not agreeing with everything RBG did or stood for, both Aaron and Austin believe that she represents an unfortunately bygone era both for the Supreme Court itself and for politics at large in this country.

The CATO Institute on RBG’s defense of the Fourth Amendment: https://www.cato.org/publications/commentary/us-supreme-court-8-1-suspends-fourth-amendment?fbclid=IwAR3Ae44Rz-RgsWZEfaJHZnaNy-CTLbito5ax8ZRR4Tykzre_7Tlkjmg-hWg

Justices Ruth Bader Ginsberg and Antonin Scalia appearing together on the Kalb Report: https://www.youtube.com/watch?v=z0utJAu_iG4

Theme-song information:

Music from YouTube Audio Library [Aka YAL]

Music provided by RFM: https://youtu.be/hMLSa6-cXT0

Continuing their discussion of needed criminal justice reform beyond stopping police shootings, Austin and Aaron discuss the news out of Florida where a Sheriff’s “intelligence-based policing” is basically “minority report for idiots.” In an episode that tests the podcast’s “no swearing rule” more than any that has come before it, Aaron and Austin discuss why this example serves as a case study for why the police need to have more guidelines for and limitations on their behavior, as well as discussing how the police already try to work around the limits they already have, such as Miranda Rights. Austin brings up how the court system, especially the Supreme Court, is complicit, and has been for years, in this sort of police abuse of power, especially with the issue of qualified immunity. Aaron brings up that people who think that they have nothing to fear from police officers’ refusal to abide by Miranda or Fourth Amendment Rights are not only wrong, but are also coming from a place of extreme privilege. They also talk about why Austin’s views on defendants’ rights place him in a minority in his field, and Aaron breaks Godwin’s law for the umpteenth time.

The Tampa Times Article discussed in this episode: https://projects.tampabay.com/projects/2020/investigations/police-pasco-sheriff-targeted/intelligence-led-policing/?fbclid=IwAR1u37TZ8q4UuF6OmsgBpnxTlbWOvZdxHAaeiw8CTIjI4q8dAIHerytcwus

Theme-song information:

Music from YouTube Audio Library [Aka YAL]

Music provided by RFM: https://youtu.be/hMLSa6-cXT0

Given the recent societal interest in criminal justice reform, and in the wake of the exoneration of Mr. Curtis Flowers after 6 trials and 24 years of wrongful imprisonment, Aaron and Austin begin a series of conversations about issues surrounding the criminal justice system. While it’s a good thing that so many calls for criminal justice reform have begun with the issue of police brutality, there are so many other widespread issues, many of which impact every single person who interacts with the justice system, that must also be addressed in order to see tangible change and beneficial outcomes for criminal justice reform, which will be the subjects of numerous upcoming episodes, starting with this one.

In this first conversation, they talk about the issue of coerced false confessions, how the American justice system is set up in such a way as to uniquely disadvantage innocent people when they are under interrogation, and how interrogation strategies make false confessions much more likely. Both Austin and Aaron talk about how coerced false confessions disadvantage people at every level of the justice system, from police to prosecutors to judges to juries, and discuss what tangible criminal justice reform in this area will look like.

Dr. Saul Kassin on the issue of coerced false confessions: https://www.sciencemag.org/news/2019/06/psychologist-explains-why-people-confess-crimes-they-didn-t-commit

A brief overview of the case of Juan Rivera: https://www.innocenceproject.org/cases/juan-rivera/

Theme-song information:

Music from YouTube Audio Library [Aka YAL]

Music provided by RFM: https://youtu.be/hMLSa6-cXT0