Podcast
The Power of Empathy
I believe that NOTHING IN THE LAW MAKES SENSE EXCEPT IN LIGHT OF EMPATHY. This is especially true when it comes to sentencing. A lawyer’s ability to understand and connect with a client is essential to their practice. But it’s not an easy concept to understand, it’s not always easy to put into practice, and…
The Cold Hard Truth About White Collar Crime: With Kelly Richmond Pope
This week, helping us get Set For Sentencing is Dr. Kelly Richmond Pope. She’s a fraud expert, a filmmaker, and an accounting professor at DePaul University in Chicago. Her latest book, “Fool Me Once: Scams Stories and secrets from the Trillion Dollar Fraud Industry,” is burning up the charts nationally. Why do people commit fraud? …
Drugs on the Docket: Data and storytelling in federal drug sentencing and the U.S. Sentencing Commission
Mark Allenbaugh and I recently had the honor of appearing on an important new podcast about drug policy, created by the Drug Enforcement and Policy Center at the Ohio State University. This six-part series was released in May 2023. In coordination with the creators of this excellent podcast, we are re-posting our episode, (ep. 5)…
Life in the Shadow of Death, With Cyndy Short
Cyndy Short has been representing those accused of the worst crimes imaginable for most of her career – and she has NEVER had a client sentenced to death on her watch. She understands that sometimes what makes a lawyer great isn’t their legal abilities, but their human abilities. In other words, it’s time for lawyers to…
Diversion Perversion: Hunter Biden’s Super Sweet Plea Deal
Reality Check: Unpacking the Trump Indictment
When the FBI executed the search warrant at Mar-a-lago and discovered a trove of confidential and top secret government documents, we did a deep dive into the realm of possibilities (EP 12: Mar-a-la-going To Prison??) should Trump ever be charged, tried and convicted. But, we didn’t know then what we know now. So, here we follow…
Stewart Rhodes Seditious Conspiracy Sentencing Post-Mortem
After being found guilty of crimes including Seditious Conspiracy, Elmer Stewart Rhodes, leader of the “OathKeepers” was given the longest sentencing to date for any 1/6 defendant. Here, we monday-morning quarterback every aspect of Rhodes’ sentencing. There is much to learn from this one, about guideline issues, written advocacy, allocution, and post-sentencing conditions of confinement. …
The Zero Point Offender Guideline Amendment: The ZIPPO IS ON FIRE!
Yes, we came up with a pithy name we are sure will catch on for the new and VERY consequential US sentencing guideline amendment which allows a 2-level reduction for those with zero criminal history points and who aren’t excluded based on several listed criterion. This amendment is a BIG DEAL, and will be retroactive,…
Surrender Georgie: Possible Sentencing outcomes for George Santos Indictment
Yes, NY Congressman George Santos is innocent until proven guilty. And he deserves his “day in court”. But, he has already been tried and convicted in the media for a plethora of demonstrably provable falsehoods, which will not bode well for him should he choose to exercise his right to trial on fraud charges. Will he…
JSIN: Will “Judicial Sentencing Information” Mutilate the Stats or Slash Sentences?
The US Sentencing Commission created “JSIN” (sounds like “Jason”) as a resource for Judges who want to understand how defendants are really being sentenced under the guidelines. And, currently thirty-one federal jurisdictions are now incorporating JSIN data into the pre-sentence report. But, are the stats accurate? Could these numbers help or harm our clients? Therefore,…