Draco: Alive & Thriving: Historical and Constitutional Roots of Modern Sentencing

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Helping us get Set for Sentencing, Constitutional scholar and extraordinary criminal defense lawyer, Robert McWhirter.  Bob is a nationally and internationally known speaker and author on trial advocacy, immigration law, and the history of the bill of rights.  His most recent book, is Fixing the Framers’ Failure: 13th, 14, 15th Amendment and America’s New Birth of Freedom, available for pre-order on Amazon.

Bob’s encyclopedic knowledge of not just the law, but the history behind it, makes this conversation particularly unique and fascinating.


  • What is the “Framers’ Failure” and how do we fix it;
  • Harnessing the power of visual advocacy at sentencing and beyond;
  • The persuasive power of creating “the singular moment”;
  • The importance of telling the “deeper truth” of your sentencing story;
  • The Bill of Rights at Sentencing:  the Eigth Amendment Cruel and Unusual punishment and Sixth Amendment Right to Counsel;
  • The origin of the word Draconian and wild story of Draco’s demise;
  • The Framers’ intent to make the Constitution a LIVING, BREATHING, document that serves an ever-evolving society;
  • Racist & Q-Anon undertones at now Justice Ketanji Brown Jackson’s confimirmation hearing regarding interrogation of her past sentencing decisions;
  • Killing “the algorithm” with outside the box sentencing advocacy;


Fixing the Framers’ Failure, on Amazon

Bills, Quills & Stills, on Amazon

The Constitution & Donald J. Trump | Episode ONE: “The Electoral College”, free 7 minute video on Vimeo This video was produced shortly after the election of 2016.  It’s an incredible primer on the Electoral College, and even more relevant in light of the events of 2020.

Constitution & Trump, a free 6 minute video on Vimeo (short clip played during this podcast)



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