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:

Contact Ráchael

https://researchdirectory.uc.edu/p/powersro

https://x.com/rpowerscrim?lang=en

Read the Report

https://www.nacdl.org/Document/JusticeforNoneHowMarsysLawUnderminesCrimLegalSys

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Today, Hunter is joined once again by Eric Fish and Chesa Boudin. This time, Eric and Chesa join the show to discuss a recent law review article they published discussing ways to strengthen pre-trial adjudication. As discussed at length on the show, our criminal legal system has killed the jury trial. As a result, opportunities to bring injustices, misconduct, and corruption to light have faded away. Chesa and Eric's law review article attempts to point out places around the country that have figured out ways to revive adversarial aspects of our legal system before trial. In doing so, they offer a pathway that criminal defense lawyers may be able to increase their chances to oppose the governments case in public.

Guests:

Chesa Boudin, Executive Director, UC Berkley Criminal Law and Justice Center

Eric Fish, Professor of Law, UC Davis School of Law

Resources:

Contact Chesa

https://www.law.berkeley.edu/our-faculty/faculty-profiles/chesa-boudin/#tab_profile

https://x.com/chesaboudin?lang=en

Contact Eric

https://x.com/Eric_S_Fish

https://law.ucdavis.edu/people/eric-fish

Law Review Article

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5026754

Contact Hunter Parnell:

[email protected]

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Today, Hunter is joined by Professor Jacob Charles to discuss the Second Amendment. Since D.C. v Heller in 2008, the Second Amendment transformed from nearly dead letter law to one of the most rapidly changing areas of the Constitution. Jake joins the show to detail that transformation and explain the impacts it is having on our legal system.

Guests:

Jacob Charles, Professor of Law, Pepperdine University Caruso School of Law

Resources:

Contact Jake

https://law.pepperdine.edu/faculty-research/jacob-charles/

https://bsky.app/profile/jacobdcharles.bsky.social

https://x.com/JacobDCharles

SSRN

https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1714457

Heller

https://supreme.justia.com/cases/federal/us/554/570/

Bruen

https://www.supremecourt.gov/opinions/21pdf/20-843_7j80.pdf

Rahimi

https://www.supremecourt.gov/opinions/23pdf/22-915_8o6b.pdf

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Today, Hunter is joined by Dr. Julie Mack and Randy Papetti to discuss Shaken Baby Syndrome. Also known as Abusive Head Trauma, Shaken Baby Syndrome started out as an untested hypothesis meant to help parents keep their children safe. However, police and prosecutors quickly realized the power SBS had to secure convictions. Since then, dozens of people's convictions have been overturned as courts around the country realize that SBS is an unfounded, junk science that does not belong in the criminal court room.

Guests:

Dr. Julie Mack, Radiologist

Randy Papetti, Attorney

Resources:

CATO Institute on Shaken Baby Syndrome https://www.cato.org/events/shaken-baby-syndrome-examining-evidence-shadow-execution

Randy's Book on Shaken Baby Syndrome

https://www.amazon.com/Forensic-Unreliability-Shaken-Baby-Syndrome/dp/0998904333

Feigned Consensus: Usurping the Law in Shaken Baby Syndrome/ Abusive Head Trauma Prosecutions

https://repository.law.umich.edu/cgi/viewcontent.cgi?article=3104&context=articles

Swedish Study on SBS

https://pubmed.ncbi.nlm.nih.gov/28130787/

Robert Roberson

https://www.themarshallproject.org/2023/09/15/texas-shaken-baby-syndrome-baby-death-robert-roberson?gad_source=1&gclid=CjwKCAiAl4a6BhBqEiwAqvrquptUxczfL4EwGv2aXhKkzhV8LiaHBriGbcdDzCJtXwd7ypeophvb0xoCCckQAvD_BwE

https://www.texastribune.org/2024/10/29/robert-roberson-shaken-baby-texas-death-row-evidence/

Contact Hunter Parnell:

[email protected]

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Today, Hunter is joined by Rob Perkins and Dan Eichinger to discuss Public Defense in Allegheny County, Pennsylvania. If you've listened to the show long enough, then you know that Pennsylvania was one of the last states to provide any funding for Public Defense. While the $7.5 million allocated to support Public Defense is welcome, it is insufficient to account for the decades of underfunding/understaffing in places like Allegheny County. Yet, Dan and Rob believe that with the help of new county leadership, they can finally meet the demands of Gideon in Allegheny County.

Guests:

Rob Perkins, Executive Director, Allegheny Lawyer's Initiative for Justice

Daniel Eichinger, Program Administrator, Wayne County Indigent Defense Services

Resources:

Allegheny Lawyers Initiative for Justice

https://www.ali4j.org/

Allegheny Public Defender Report

https://www.ali4j.org/research-report-a-path-forward

ACLU Report

https://www.aclupa.org/en/job-left-undone-allegheny-countys-fork-road

2018 Coverage of Public Defense

https://whyy.org/articles/decades-after-landmark-lawsuit-caseload-concerns-continue-in-allegheny-countys-public-defender-office/

Email Rob

[email protected]

During the Episode Dan, mentioned Racial Disparity in Allegheny County. Here is an additional note from him:

RAND_RTI_Final_Report.pdf (pitt.edu)

Additionally, I mentioned that half of all charges filed against Black people arise from a police initiated encounter. My phrasing could have been more precise as the paper refers to charges arising out of "Black neighborhoods" (as opposed to Black people) and I didn't mention the numbers in terms of the disparity between White neighborhoods, so I wanted to make sure your listeners had the exact language from the report:

(Pg. 47 of the report, pg. 91 of the document):

"In particular, charges that are filed in Black neighborhoods are almost equally likely to initiate from either a call for service or a low-priority law enforcement action (30% versus 27%). However, in the White matched neighborhoods, charges are more than twice as likely to originate from a call for service than from a low-priority law enforcement action (38% versus 17%)."

Additionally, the percentage of charges growing out of a police-initiated interaction is likely higher because, as the authors note (pg. 46):

"Thirty-two percent of the cases could not be matched to the 911 call data. As noted in the previous section, these are likely to be instances where law enforcement officers initiated an action but did not call it in. These unmatched cases are thus classified as unidentified law enforcement–initiated actions."

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Today, Hunter is joined by Professor Stephen Bright to discuss his new book, the Fear of Too Much Justice. Over decades of work as an attorney, Steve has been a leading voice against the death penalty and in support of major overhauls to our criminal legal system. Today, Steve joins the show to discuss how the Fear of Too Much Justice is stopping people from reforming our criminal legal system.

Guests:

Stephen Bright, Professor of Law, Yale University School of Law

Resources:

Stephen Bright's Faculty Page

https://law.yale.edu/stephen-b-bright

Fear of Too Much Justice

https://www.thefearoftoomuchjustice.com/

Contact Hunter Parnell:

[email protected]

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@PDefenselessPod

www.publicdefenseless.com

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Today, Hunter is joined the Editor of the Virginia Defender Newspaper, Phil Wilayto to try and understand a simple question: Why are people incarcerated at Virginia's Red Onion State Super Max Prison self-immolating just to get transferred to a new prison?

Guests:

Phil Wilayto, Editor, Virginia Defender Newspaper

Resources:

On Saturday, Dec. 7, the Virginia Defenders for Freedom, Justice & Equality will hold a public meeting titled "Crisis at Red Onion Supermax: How you can help!" The meeting will take place at Wesley Memorial United Methodist Church, 1720 Mechanicsville Turnpike, in Richmond's East End.

https://virginiadefender.org/

For more information, call, or text the Defenders at 804-644-5834 or email [email protected].

Crisis at Red Onion Face Book Page

https://www.facebook.com/events/980796297402417/?acontext=%7B%22event_action_history%22%3A[%7B%22mechanism%22%3A%22your_upcoming_events_unit%22%2C%22surface%22%3A%22bookmark%22%7D]%2C%22ref_notif_type%22%3Anull%7D

More Coverage

https://www.wvtf.org/news/2024-11-12/fearful-prisoners-use-desperate-measures-to-protest

https://www.latintimes.com/dozen-black-inmates-reportedly-attempted-self-immolate-virginia-supermax-prison-escape-566799

https://www.wric.com/news/virginia-news/officials-address-allegations-of-self-inflicted-burnings-by-inmates-at-red-onion-state-prison/

https://www.nbcnews.com/news/nbcblk/inmates-red-onion-state-prison-sustain-self-inflicted-burns-protest-rcna182013

https://www.theguardian.com/us-news/2024/nov/30/red-onion-state-prison-protest

https://www.nytimes.com/2024/12/01/us/virginia-prisoners-burns-protest.html

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[email protected]

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@PublicDefenselessPodcast

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Today, Hunter is joined by Professor Joanna Schwartz to discuss Civil Rights Litigation. Like they did for the rights of criminal defendants, the conservative legal movement has slowly chipped away at Civil Rights protections under Section 1983. Today, Joanna joins to talk about the many ways it is nearly impossible for a person to get a remedy after the government violates their civil rights.

Guests:

Joanna Schwartz, Professor of Law, UCLA

Resources:

Follow Joanna on Twitter

https://x.com/JCSchwartzProf

Joanna's Website

https://www.joannaschwartz.net/

https://law.ucla.edu/faculty/faculty-profiles/joanna-c-schwartz

Vallejo Police Coverage

https://www.latimes.com/california/story/2024-10-18/families-of-people-killed-by-vallejo-police-say-department-has-gone-rogue

https://www.kqed.org/news/11769266/the-long-storied-history-of-police-community-tension-in-vallejo

https://www.propublica.org/article/vallejo-police-killing-investigations

https://www.newyorker.com/magazine/2020/11/23/how-a-deadly-police-force-ruled-a-city

Contact Hunter Parnell:

[email protected]

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@PublicDefenselessPodcast

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@PDefenselessPod

www.publicdefenseless.com

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Today, Hunter is joined by Amanda Jack of the New York Legal Aid Society. Today, Amanda and Hunter are discussing the Harvey Weinstein trial. Specifically, they are discussing why the conviction was overturned, why the New York legislature is trying to change the rules of evidence, and why it's a terrible idea for them to do it.

Guests:

Amanda Jack, Policy Director Criminal Practice, NY Legal Aid Society

Resources:

Follow Amanda on Twitter

https://x.com/brooklynpd

Federal Rule of Evidence 413 and Harvey Weinstein

https://www.law.com/newyorklawjournal/2024/05/30/federal-rule-of-evidence-413-and-harvey-weinstein/?slreturn=20241123154046

https://nysba.org/the-people-v-harvey-weinstein-the-question-of-prior-bad-acts/?srsltid=AfmBOooaOVkUi_nnP2AqDlNinTDRYWRpXrPDFsj8OwCGFxnMt2zWGOky

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Today, Hunter is joined once again by Andre de Gruy, Chief Public Defender of Mississippi. The last time Andre was on the show, he and Hunter discussed some positive changes he was hoping to get out of the 2024 legislative session. While not everything from the last episode came to pass, Andre believes Mississippi public defense is ever so slowly improving.

Guests:

Andre de Gruy, State Public Defender, Mississippi

Resources:

OSPD Website

https://www.ospd.ms.gov/

Marshall Project Mississippi

https://www.themarshallproject.org/2024/05/02/mississippi-public-defense-legislative-reforms

https://www.themarshallproject.org/2023/09/18/mississippi-courts-lawyers-poor-defendants

https://www.themarshallproject.org/2024/01/24/arrested-hinds-county-mississippi-jackson-courts

Contact Hunter Parnell:

[email protected]

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@PublicDefenselessPodcast

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@PDefenselessPod

www.publicdefenseless.com

Subscribe to the Patron

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