BOP MEANS: Back Off the Punishment: Making the Case That Judges Must Fix the BOP by Imposing Fewer and Shorter Prison Terms

The 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…

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A Child’s Poison: Lead Poisoning as Sentencing Mitigation with Dr. Ted Lidsky

The 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…

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David DePape (Pelosi Attacker): Guidelines & Mitigation Breakdown

Hey Everybody! I just realized with all the hubbub of Thanksgiving week, I forgot to send notice of last week’s episode.  I hope everyone had a great holiday, and hopefully a little time off with good people.  I did!  In fact, I was so chill, I made the executive decision to go on a little…

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Making 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…

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Untangling Fear For Lawyers & Clients With Prof. Heidi K. Brown

It’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…

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Sam 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…

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