Podcast
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…
Indian Country: A Glimpse into Tribal and Federal Indian Criminal (In)Justice
The criminal justice system is a tool of social control. And no where is that more evident than on our nation’s Indian reservations. American Indians have been the targets of the wrath of the criminal process since the day a renegade Sioux warrior Crow Dog shot Chief Spotted Tail dead in the late 1800’s. We…
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…
Year of the Dragon: Sentencing Guideline New Year’s Cheers & Jeers
David DePape (Pelosi Attacker): Guidelines & Mitigation Breakdown
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…
Guideline Tricks & Treats: A Rundown of All New Sentencing Guideline Amendments That Took Effect on 11/1/23
The day after Halloween, all of the proposed guideline changes went into effect! We’ve talked about many of them in detail on previous podcasts, but here, we do a quick run-through of all eigiht categories of amendments. So what’s in our candy bags the day after? Well, in truth, most of what we got were…
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…
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…
Imperfect 10: Why thousands will be deemed ineligible for the ZPO and what to do about it
On Nov 1, the Zero Point offender Amendment to USSG goes into effect. WE CALL IT THE ZIPPO (ZPO). It is retroactive, and thousands facing sentencing and already sentenced should be eligible to have their sentences reduced. BUT what happens if you received a guideline bump under 3B1.1, for being a “leader organizer”? Because of…