Holding Court with Judge Nancy Gertner!
An independent judiciary is the cornerstone of a healthy democracy. But judges are under attack. Therefore, we must stand the post and protect judges from intimidation, unlawful prosecution, incredulous calls to impeach, or worse. AND, when it comes to federal criminal sentencing, judicial independence is also crucial to the fair administration of justice. But judicial…
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…
Sunny Balwani (Elizabeth Holmes co-defendant) Sentencing Post-Mortem: The “ABCs” of Federal Fraud Sentencing
Watch this episode on YOUTUBE, on APPLE PODCASTS, or wherever you get your podcasts! In this case, we deal with the “ABCs” of federal fraud sentencing, meaning, we’re doing a deep comparative analysis of three recent high profile cases: MICHAEL AVENATTI, SUNNY BALWANI, and JULIE & TODD CHRISLEY. I never ceased to be amazed by the miraculous…
Defense Documentaries: How Defense Attorneys Use Cinematic Storytelling to Reduce Sentences (Ep. 182 of The Business of Story Podcast Featuring Doug Passon)
Continuing my goal of showcasing my own work in December, this week’s episode is all about my passion, my love, my baby; what we call DEFENSE DOCUMENTARIES. Some call them mitigation videos or sentencing videos. These are short, true, films produced for criminal cases (for plea negotion, sentencing, and post-conviction relief) and used to humanize…
Across the Pond: Sentencing in the United Kingdom
Watch this episode on YOUTUBE, on APPLE PODCASTS, or wherever you get your podcasts! We like to think the United States has “the greatest system in the world.” But do we? There’s simply no way to answer that question until we learn how other countries adjudicate crime. Helping us get Set for Sentencing is Prof. Julian Roberts,…
A Richer Measurement of Justice: The Novel Lolita Read as a Sentencing Memorandum
Watch this episode on YOUTUBE, on APPLE PODCASTS, or wherever you get your podcasts! Lawyers have everything to learn from great stories on the screen, on the page, or on the stage. Legal Writing Professor Christina Frohock knows this well, as her latest law review article, Legal Fiction: Reading Lolita as a Sentencing Memorandum, brings into focus…
Your Voice Matters: Priorities for the Newly Minted Federal Sentencing Guidelines Commission
Watch this episode on YOUTUBE, on APPLE PODCASTS, or wherever you get your podcasts! For the first time in nearly four years, there is a fully staffed, fully functioning United States Sentencing Guidelines Commission. They have published a list of priorities for the 2022-23 cycle and are soliciting public comments until Oct. 17, 2022. But many may…
Even Stephen: The Skinny on Steve Bannon’s Sentencing
Watch this episode on YOUTUBE, on APPLE PODCASTS, or wherever you get your podcasts! Steve Bannon is set for sentencing on Oct. 21, 2022, after a jury found him guilty of two counts of Contempt of Congress. But, like many of the recent Trump-adjacent prosecutions, we are in uncharted waters. Therefore, helping us get Set for Sentencing…
Prison Consultants and the Myth of the Fixer: How to Separate Substance from Snake Oil
Watch this episode on YOUTUBE, on APPLE PODCASTS, or wherever you get your podcasts! Prison consultants have been receiving dubious attention in the press lately. The truth is, a qualified prison consultant can be a valuable member of a well-managed defense team. But, beware of so-called experts who promise you the moon for a fee.…
Presumed Punishable: Antiracism at Sentencing
WATCH ON YOUTUBE or LISTEN ON YOUR FAVORITE PODCAST PLATFORM Black Americans and other minorities are disproportionally represented in the numbers of those charged, the kinds of charges they face, and the length of sentences imposed. The question is WHY? The answer is far from simple, but it’s one that everyone needs to better understand.…