The JustPod: Recent Episodes
The Criminal Justice Section of the ABA
Podcast for the Criminal Justice Section of the American Bar Association. We'll talk current issues in criminal justice reform, policy and the Supreme Court. We'll discuss the work of the Criminal Justice Section including events, Task Forces, Standards, the ABA's ICC project and more. This is the Criminal Justice Section of the ABA’s podcast, and may not contain official ABA policy statements. For the ABA’s Code of Online Conduct visit here: https://www.americanbar.org/about_the_aba/codeofconduct/
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In this White Collar Talks episode, ABA CJS Chair Nina Marino and program co-Chairs Joe Whitley and Brian McEvoy discussing the upcoming 12th Annual Southeastern White Collar Crime Institute in Braselton, GA, September 9-11th.
For over a decade, the ABA Criminal Justice Section’s Southeastern White Collar Crime Institute has been the premier regional program for professionals engaged in the defense, prosecution, and adjudication of complex white collar criminal matters.
Throughout its history, the Institute has evolved to reflect shifting enforcement priorities and policy developments across federal law enforcement agencies. Programming has been carefully calibrated to address the most current issues in the field, aligned with the changing landscape over multiple administrations. The Institute continues to offer timely, practical insights into the latest developments and trends in the white collar space.
Register now at https://events.americanbar.org/event/64904c10-ce7d-4c3c-b15f-c31449a8e262/summary
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Jennifer Doleac is a Stanford-educated economist, a former college economics professor, and the author of The Science of Second Chances: A Revolution in Criminal Justice, published by Henry Holt and Company and available in print as of February 24, 2026.
We spoke with Jennifer about her new book, which isbilled as “Freakonomics for criminal justice,” and explores real-world experiments that suggest what policy changes and incentives offer the greatest hope of true criminal justice reform. Doleac takes the reader through each stage of the criminal justice process, from arrest, to prison, and release, to identify data-driven solutions to make our society both safer and less punitive at the same time.
Doleac is the Executive Vice President of Criminal Justice at Arnold Ventures, a philanthropy focusing on evidence-based public policy. She is also a frequent contributor to The Washington Post, Time, and Bloomberg Opinion, and host of the Probable Causation podcast on law, economics, and crime.
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When a person is sentenced to death, the case is not over. Some of the most critical legal work happens after the trial and direct appeals are finished. That’s where habeas attorneys step in, often years later, to uncover constitutional violations, investigate what was missed, and ask a fundamental question: did the system get it right?
John Hutchins has spent years representing death row inmates in these high-stakes post-conviction proceedings. He’s also been active in the American Bar Association’s Death Penalty Representation Project, which focuses on improving the quality of legal representation in capital cases and addressing systemic gaps that can shape life-or-death outcomes.
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“White Collar Talks with Nina and Joe” episode features Lucian Dervan, discussing the upcoming 2026 Global White Collar Crime Institute, July 13-14, 2026, in Singapore. which will bring together senior practitioners, government officials, judges, and scholars to examine the evolving and increasingly complex landscape of international white collar crime. Hosts are Nina Marino and Joe Whitley.
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In 2007, FBI agents showed up at the home of Portia Louder and her husband Chad. Their youngest of five children was just three months old at the time. Seven years later, in August 2014, Louder pleaded guilty to wire fraud and conspiracy. And on the morning of April 21, 2015, she and Chad left their home in Utah on a 14-hour drive to the facility where Louder would self-surrender in order to commence her seven-year sentence.
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This being “Second Chance Month,” it’s a perfect time to share our discussion with Jessica Jackson and Erin Haney—respectively, Chief Executive Officer and Chief Policy Officer of the REFORM Alliance, the justice initiative founded by Philadelphia-born and Grammy-nominated rapper Meek Mill and others.
When Mill was sentenced, in November 2017, to a term of two to four years in prison for technical parole violations, the sentence was a catalyst for the criminal justice reform movement. In January 2019, Mill and fellow rapper Jay-Z together formed REFORM, following Mill’s release. Mill and Jay-Z were joined by a group of philanthropists and activists, several of whom, including Boston Patriots owner Robert Kraft, sit on REFORM’s Board of Directors.
Our guests, Jessica Jackson and Erin Haney, each have their own interesting stories to tell about their work in the criminal justice reform movement. It was a pleasure to welcome them to the JustPod.
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Program Co-Chairs Maggie O’Donell and Aitan Goelman discuss the history of the ABA Criminal Justice Section’s White Collar Crime Institute and the upcoming 2026 program on March 10-13, 2026 in San Diego, CA. "White Collar Talks" are hosted by Nina Marino and Joe Whitley.
The ABA White Collar Crime Institute is the nation’s premier forum for insights, updates, and expert analysis in the field of white collar crime. This annual event brings together leading practitioners, in-house counsel, judges, academics, and enforcement officials for an in-depth exploration of the most pressing legal, regulatory, and ethical issues impacting the white collar landscape today.
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Josh Hoe is Senior Policy Manager at Dream.org, and the host and creator of the Decarceration Nation Podcast. Josh, who is himself formerly incarcerated, is the author of “Writing Your Own Best Story: Addiction + Living Hope.” We connected to discuss Josh’s recent writing, in which he argues that the so-called “National Emergency on Crime” is not real, and why we should reject it.
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This is Part 2 of our two-part discussion with Tom Hayes, the now vindicated former English banker, who we first spoke with in April 2025. At the time of that earlier discussion with Tom, in Part 1 of this series, Tom was awaiting a decision of the United Kingdom’s Supreme Court on the appeal of his August 2015 conviction, arising from his work submitting rates, on behalf of his employer, a bank, that were used to determine the London Interbank Offered Rate (or, LIBOR)—a benchmark rate, to which many other financial instruments were connected.
The allegation was that Tom, and others, had manipulated their submission of rates to benefit the financial institutions they worked for. For that conduct—what the prosecution characterized as a “manipulation” of LIBOR—Tom was sentenced to 14 years in prison, subsequently reduced to 11 years in prison, of which he ultimately served about 5.
But a parallel prosecution in the United States against two other traders, brought by the U.S. Department of Justice, was dismissed, following a favorable decision of the U.S. Court of Appeals for the Second Circuit in 2022. At the time of our discussion with Tom in Part 1, the United Kingdom remained the only jurisdiction that viewed Tom’s conduct as criminal. That is, until his conviction—and the conviction of another trader, Carlo Palumbo—were overturned by a unanimous UK Supreme Court on July 23, 2025. We caught up with Tom after this tremendous reprieve.
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This is the first episode in our two-part discussion with Tom Hayes, who we first spoke with in April 2025. At the time of our first discussion with Tom, recorded in Part 1 of this series, Tom was awaiting a decision of the United Kingdom’s Supreme Court on the appeal of his August 2015 conviction, arising from his work submitting rates on behalf of bank he worked for, which were used to determine the London Interbank Offered Rate (or, LIBOR)—a benchmark rate, to which many other financial instruments were connected.
In Part 1, we hear from Tom about his fall from the high-end life of an international banker earning a handsome salary in Japan, and how it all came to a screeching halt on August 3, 2015. On that day, Tom was convicted by a jury, in the United Kingdom, of a conspiracy to defraud. The allegation was that Tom and others had submitted rates to benefit the financial institutions they worked for, instead of providing more accurate rates. For that conduct—what the prosecution characterized as a “manipulation” of LIBOR—Tom was sentenced to 14 years in prison, subsequently reduced to 11 years in prison, of which he ultimately served about 5.
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In the Eastern District of Pennsylvania, home to Philadelphia and its surrounding counties, the U.S. Attorney is David Metcalf. We spoke shortly after the end of the government shutdown, at a time when the U.S. Department of Justice is under great scrutiny. The job of U.S. Attorney is always challenging, and even more so in the current climate, so we appreciated U.S. Attorney Metcalf generously sharing his time and thoughts with JustPod listeners.
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Mark Loughney’s art has been exhibited at the Museum of Modern Art (“MoMa PS-1”), and published in The New Yorker and The Atlantic. His black-and-white ink drawings evoke a mix of M.C. Escher and Salvadore Dali, with surreal landscapes and bizarre figures. But Loughney is also well known for his series of prison portraits. They’re prison portraits, not only because they depict prisoners, but also because they were drawn when Loughney himself was serving a 10-year sentence as an inmate at Pennsylvania State Correctional Institution – Dallas. That is where Loughney’s portraiture blossomed, and his exhibitions began.
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[For a complementary audio excerpt of Gary Tyler’s book, narrated by Cary Hite, describing the point when Tyler is considering accepting a government plea agreement, and starting life outside Angola, listen here. Copyright © 2025 by Gary Tyler. Audio excerpt courtesy of Simon & Schuster. Audio read by Cary Hite, from the audiobook Stitching Freedom by Gary Tyler, published by Simon & Schuster Audio, a Division of Simon & Schuster, Inc. Used with permission from Simon & Schuster, Inc.]
In 1974, at the age of 16, Gary Tyler, who is African American, and was born in St. Rose Parish, Louisiana, was convicted by an all-white jury of a crime he did not commit: the murder of a white teenager. Tyler was sentenced to death. He was sent to Louisiana’s infamous Angola prison, where he was the youngest person on death row in the United States. A song by the British reggae band, UB40, titled in his name, “Tyler,” captures the injustice.
But Gary Tyler survived to tell the tale, and to write a magnificent book about his life experience: Stitching Freedom: A True Story of Injustice, Defiance, and Hope in Angola Prison, written with Ellen Bravo, and published by Simon and Schuster.
Gary Tyler was released from custody in 2016, having spent four decades in prison. Despite the compelling evidence of his innocence, he has never been exonerated. We had the honor of recording our discussion with Gary on October 6, the day before his book’s release, and the October 7 anniversary of his arrest, decades later.
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The honorable Mark W. Bennett is a retired U.S. District Court Judge, and the former Chief Judge of the Northern District of Iowa. Judge Bennett retired from the federal bench in 2019, and is now Director Emeritus of the Institute for Justice Reform & Innovation at Drake University Law School.
Judge Bennett is known for his advocacy for sentencing reform—including his criticism of the federal sentencing guidelines and statutory mandatory minimum sentences—for his research on implicit bias, and, unusually, for his prison visits to check up on hundreds of the defendants he sentenced. For some of those inmates, Judge Bennett has written, he is the only visitor they have ever had. Equally unusually, Judge Bennett has often met with the families of those he’s sentenced, at their request, to explain his sentences.
We were honored to discuss with Judge Bennett his own quest for justice, his experience sentencing thousands of federal criminal defendants, and so much more.
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Joseph De Gregorio was raised in a middle-class working family in Brooklyn, and comes from a line of hard workers. His father regularly got up at 4am to work at a plant, where he was a machinist. Joseph himself had the opportunity to get into finance, but the allures of Wall Street, gambling, and addiction, ultimately took him down a path toward fraud, and eventually a federal criminal conviction and a term of imprisonment. Today, as the founder of JN Advisor (www.jnadvisor.com), Joseph shares his own experience as a consultant to defendants facing criminal charges and the threat of imprisonment. He’s learned a lot along the way, and we were fortunate to hear some of his lessons on this episode of the JustPod.
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Joe Whitley (Womble Bond Dickinson) discusses the ABA Criminal Justice Section’s International White Collar Crime Institute (a special convening of the Global White Collar Crime Institute and the London White Collar Crime Institute) in Geneva, Switzerland on November 17-18, 2025, with Nina Marino (Kaplan Marino) and Lucian Dervan (Belmont University College of Law). Registration is ongoing at Criminal Justice Section Events.
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Elie Honig is CNN’s Senior Legal Analyst, and a former federal prosecutor. He is the bestselling author of Hatchet Man: How Bill Barr Broke the Prosecutor's Code and Corrupted the Justice Department (published by HarperCollins in 2021), and Untouchable: How Powerful People Get Away with It (also published by HarperCollins, in 2023). Elie is most recently the author of the recently released book When You Come at the King: Inside DOJ's Pursuit of the President, from Nixon to Trump, a history of the Office of Independent Counsel and Special Counsel investigations. We recorded a lively discussion with Elie shortly before the book’s release.
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Nina Marino, Joe Whitley and Brian McEvoy share in a meaningful discussion about the ABA Criminal Justice Section’s Annual Southeastern White Collar Crime Institute and what to expect at this year’s 11th conference next week at Chateau Elan, Georgia. Registration is ongoing.
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What is the process for transferring a criminal defendant from U.S. custody to a foreign country? We learn this and more from our discussion with Bruce Zagaris, a Partner in the Washington, DC Office of Berliner, Corcoran, and Rowe, who is an expert on international prisoner transfers. Bruce is a widely known expert in the field of international criminal law, and is the co-author of International Criminal Law: Cases and Materials (now in its 4th edition), as well as International White Collar Crime: Cases and Materials (in its 2nd edition). Bruce is also the Founder and Editor of the International Enforcement Law Reporter.
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What do the Lubavitcher Rebbe, Rabbi Menachem Mendel Schneerson, zt”l, and the Chabad Chassidic movement have to do with criminal justice reform? Find out in the latest episode of the JustPod, with our guest, Rabbi Yossi Bryski, the Director of Alternative Sentencing at the Aleph Institute.
Aleph was founded in 1981 at the Rebbe’s direction, and for over 40 years since, has served individuals of all backgrounds and faiths in prison programs, reentry programs, alternative sentencing programs, and in advocacy, while providing services for the families of inmates, including summer camps for the children of inmates.
Rabbi Bryski and his team work with defense counsel to craft alternative sentencing proposals for offenders. And as a result of their work, federal and state courts across the country have accepted Aleph’s creative alternative sentencing proposals. You’re just a click away from stories and experiences that are both heartwarming and inspiring.
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Please join co-hosts Joe Whitley and Nina Marino for an insightful discussion with our distinguished guest, Susan Bozorgi.
Susan started her impressive career in the public defender’s office in Miami where she found her calling opposing the government in representing people accused of crime. She tried hundreds of jury trials which honed her skills as a formidable trial attorney.
Susan is the founder of Bozorgi Law PLLC based in Miami. She is known for her persistence and perseverance and regularly wins cases that objectively have little chance of success. She is also a champion of women as her blog “Women Criminal Defense Attorneys” highlights the successes of women in the criminal justice space, and she is a leader in the Women White Collar Defense Association, the global premiere women white collar defense organization.
Susan’s passion for her work shines through in this interview. She is nothing short of a trailblazer for young lawyers and an inspiration for all, as she has broken barriers and torn down ceilings and achieved significant success and respect.
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Gianna Toboni’s book, The Volunteer: The Failure of the Death Penalty in America and One Inmate’s Quest to Die with Dignity, is a morally provocative chronicle about Scott Dozier, a former Army Ranger, who was sentenced to death, and “volunteered” for the death penalty. Dozier had been convicted of murder, sentenced to death, and ultimately demanded the state enforce its own penalty.
What unfolds in Toboni’s book is a story not just about death, but also about the bureaucratic, moral, and psychological theater that surrounds it. As the book makes clear, Dozier was not a hero or a martyr. Nonetheless, in Dozier’s story Toboni has put a magnifying glass on the contradictions of a system that claims to value life, even while enforcing the ultimate penalty, death.
Toboni is an Emmy-award winning journalist and documentary film maker. The Volunteer, her debut book, was published by Simon and Schuster in April 2025. We’re grateful she included the JustPod among other notable stops (including The Daily Show and Comedy Central!) on her first book tour.
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It was a pleasure to welcome Leonard Ambrose to the JustPod to discuss his representation of the notorious defendant Marjorie Diehl-Armstrong. Ambrose obtained an acquittal of Armstrong after she shot her boyfriend six times as he lay on a couch in 1984. But Armstrong is possibly more well known for her eventual murder conviction in the bizarre Pizza Bomber case in Erie, Pennsylvania—the subject of the Netflix series “Evil Genius.” That case arose from the August 28, 2003 robbery of a bank in Erie Township by Brian Wells, a pizza delivery man. What made the robbery so unusual, and so macabre, was the locked collar around Mr. Wells’ neck when he entered the bank. The collar contained a ticking time bomb that, after a standoff with Pennsylvania law enforcement, exploded, resulting in Mr. Wells’ death. Armstrong was sentenced to life imprisonment, plus 30 years, and died in prison in 2017 of natural causes—unlike her victims.
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What was it like to defend clients in prosecutions arising out of events at the U.S. Capitol on January 6, 2021? A discussion with defense counsel Rocco Cipparone and Angie Levy.
Following the events at the United States Capitol on January 6, 2021, the federal government initiated one of the largest investigations and prosecutions in American history, ultimately charging nearly 1,600 defendants. Those charges resulted in about 1,270 convictions (most, for misdemeanor offenses).
Upon entering Office on January 21, 2025, President Trump fulfilled a campaign promise in granting clemency to these defendants—pardoning or commuting the sentences of those convicted, and ordering the dismissal, by the U.S. Department of Justice, of remaining pending cases.
We had the opportunity to talk with two guests who had a front-row seat to the January 6 prosecutions, through their representation of clients in January 6 trials held in federal court in Washington, D.C. Rocco Cipparone and Angie Levy are two well-regarded and respected members of the Philadelphia and New Jersey criminal defense communities, and recognized as terrific trial lawyers. It was a great pleasure to have them with us to discuss the January 6 prosecutions.
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In Philadelphia, a city known for great trial lawyers, our next guest stands out among them. Brian McMonagle began his career in the Philadelphia District Attorney’s Office where in his twenties he became one of the youngest lawyers to prosecute high profile cases in the DA’s Homicide Unit. Since then, Brian has gone on to represent actor Bill Cosby in a criminal trial, musical artist Meek Mill on a controversial probation violation proceeding, and other high-profile clients—among them athletes, politicians, physicians, movie and television personalities, judges, prosecutors, law enforcement officers, and CEOs. And with all this, as you’ll hear in the great discussion we had with him, Brian has not lost his Philly roots, or the common touch.
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Please join co-hosts Joe Whitley and Nina Marino for an insightful discussion with our distinguished guest, Karen Popp.
Karen, a partner at Sidley Austin, is a highly regarded and well-known leader in the field of white collar defense, internal investigations, crisis management, and compliance. Before joining Sidley, Karen served as Associate White House Counsel to the President of the United States, where she advised President Clinton and the White House staff on congressional and grand jury investigations and domestic policy issues.
Prior to joining the White House, Karen served in the Office of Legal Counsel at the U.S. Department of Justice where she advised Attorney General Janet Reno and the Department, the White House and other agencies of the executive branch on a wide range of legal matters.
Before moving to Washington, D.C., Karen was an Assistant U.S. Attorney in the U.S. Attorney’s Office for the Eastern District of New York. Karen is also the co-founder and global chair of the Women’s White Collar Defense Association (WWCDA).
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We are pleased to share with you our latest podcast with the Honorable Larry D. Thompson.
Thompson has had extensive leadership experience in both the private and public sectors. He served as U.S. Attorney for the Northern District of Georgia (1981-1986) and led major political corruption and drug trafficking prosecutions during his tenure at the Department. Thompson also led the Southern Organized Crime Drug Enforcement Task Force.
In 1995, he was named independent counsel for the Department of Housing and Urban Development. In 2000, Thompson was selected by Congress to chair the bi-partisan Judicial Review Commission on Foreign Asset Control. In 2001, Thompson was confirmed by the Senate as Deputy Attorney General of the United States. And in 2002, Thompson led the National Security Coordination Counsel at the Department of Justice.
Thompson was also General Counsel for PepsiCo and was founding co-chair of King & Spalding's special matters and government investigations practice. Mr. Thompson recently published a book "Quiet Counsel."
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This segment of “White Collar Talks with Nina and Joe” features former United States Attorney for the Western District of North Carolina, Dena King. Guest co-host is Lynsey Barron.
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On the morning of July 19, 2014, Florida State University Law Professor Dan Markel—a friend and mentor to Justin, and to so many others—was shot and killed in his driveway in Tallahassee, Florida. Dan was 41 years old, and the father of two little boys, ages 4 and 3, one of whom was just days away from his next birthday.
The loss of Dan to his family, his friends, and colleagues, is incalculable. Dan’s Mom, Ruth, graciously shared her time to discuss Dan’s tragic death, her transition from grief to advocacy, the remarkable police work leading to the arrests of Dan’s former brother-in-law, and others, and the convictions resulting in life sentences of several coconspirators. Dan was a wonderful person, a brilliant scholar—ironically, focusing on justice and punishment—and is greatly missed by all who knew and loved him. We are honored to dedicate this episode of the JustPod in Dan’s memory.
Link to "Justice for Dan"
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Larry Pozner is perhaps the most sought-after teacher of cross-examination strategy and tactics. In over 400 lectures, he has taught generations of lawyers how to more effectively conduct this most important of courtroom examinations—what John Henry Wigmore, the legal scholar of evidence, called the "greatest legal engine ever invented for the discovery of truth."
Larry’s book, Cross-Examination: Science and Techniques, which he co-authored with Roger Dodd, is America's best-selling book on cross-examination.
It was a great honor to have the King of Cross join the JustPod for an enlightening discussion
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We welcomed back Elizabeth Kelley (who previously joined us on Nov 16, 2023), to talk about the recent publication of the second edition of her book, Representing People with Mental Disabilities: A Practical Guide for Criminal Defense Lawyers, published by the American Bar Association. The book is a collection of 19 essays by lawyers, scholars, and clinical experts in the field of mental health and criminal defense. Elizabeth Kelley is also the Editor of the volumes Representing People with Dementia, and Representing People With Autism Spectrum Disorder. Elizabeth Kelley is a criminal defense lawyer with a national practice focusing on representation of people with mental disabilities.
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Ever wondered about the mental health toll on members of a death penalty “Execution Team”? We discuss this topic and others on the JustPod with two men who are both familiar with the practice of lethal injection, but for very different reasons.
Ron McAndrew is a retired Warden at Florida State Prison, where he led the Execution Team, supervised the execution of three inmates by electric chair, and observed the execution of others by lethal injection, before becoming a death penalty opponent. Ron explains where the bodies of the executed are buried if no family claims them for private burial, and his decision to stop taking the Execution Team for the traditional post-execution breakfast, after he ran into an executed inmate’s defense counsel at the same restaurant.
Dr. Shanker Nesathurai is a Professor of Medicine at McMaster University in Canada. His article, “America’s Continuing Experience With Lethal Injection Executions,” appears in the Fall 2024 edition of Criminal Justice Magazine, published by the Criminal Justice Section of the American Bar Association.
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Earlier this year, in February 2024, the ABA launched its Prosecutorial Independence Task Force. Two of our guests, Professor Ellen Yaroshefsky (Hofstra Law School), and John Choi (Ramsey County Attorney in Ramsey County, Minnesota), are co-chairs of the Task Force. John has the distinction of being the first Korean American Chief Prosecutor in the United States. Our third guest, J. Charles (“Charlie”) Smith III, is the State’s Attorney for Frederick County, Maryland, and is the longest serving State’s Attorney in Maryland. Charlie is also a member of the ABA Taskforce on Prosecutorial Independence, as well as the Chair of the Board at the National District Attorneys Association.
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Joe Whitley and Nina Marino speak with Michael E. Horowitz, Inspector General of the United States Department of Justice. Previously having served a six-year term as a Commissioner of the U.S. Sentencing Commission (2003-2009), Mr. Horowitz was sworn in on April 16, 2012 as Inspector General, following his confirmation by the U.S. Senate. As Inspector General, Mr. Horowitz oversees 500+ special agents, auditors, inspectors, attorneys, and support staff nationwide. Since 2020 he has also led the Pandemic Response Accountability Committee. From 2015-2020 Mr. Horowitz served as Chair of the Council of the Inspectors General on Integrity and Efficiency (CIGIE). Follow along with Joe and Nina as Mr. Horowitz shares with listeners about his early decision to enter the legal field, his journey from college to present day, and a glimpse into what the future may hold.
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Our guest is the founding partner of the white collar criminal defense boutique Kaplan Marino, and co-host of our sister podcast, the ABA’s “White Collar Talks with Nina and Joe.” She is the recipient of the American Bar Association Criminal Justice Section's (CJS) Charles English Award, the highest accolade for excellence in criminal justice, and recently secured an unusual verdict of acquittal in a federal public corruption case in the District of Hawaii. We’re thrilled to welcome Nina Marino to the JustPod!
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Join us for another "White Collar Talks" podcast as Joe Whitley and Nina Marino interview William J. Hochul, Jr., a former United States Attorney and former General Counsel of a highly diversified, government-regulated global business. Mr. Hochul was also a prior member of the Board of Directors of a large healthcare provider and employer. Recently joining the law firm of Davis Polk, Mr. Hochul shares his experiences throughout his career and his transition to private practice.
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Premal Dharia is Executive Director of the Institute to End Mass Incarceration at Harvard Law School. She was previously a public defender and Director of Litigation for the Civil Rights Corps. She has been a frequent contributor to major publications such as The Washington Post, Slate, and CNN, on issues of criminal justice and racial disparities in the criminal justice system. Premal joined Justin and Geonard to discuss the recently published volume, "Dismantling Mass Incarceration: A Handbook for Change," of which she is a co-editor, along with James Forman Jr., the J. Skelly Wright Professor of Law at Yale Law School, and Maria Hawilo, distinguished professor in residence at Loyola University Chicago School of Law.
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Brian McEvoy, a former federal prosecutor and current white collar criminal defense lawyer with BakerHostetler, joins Nina Marino (KaplanMarino) and Joe Whitley (Womble Bond Dickinson) to discuss the Tenth Annual Southeastern White Collar Crime Institute (September 4-6, in Braselton, GA) and how it came to be. They also discuss why it is worth attending this conference, how it is different from other programs nationwide, memorable moments from past years, social networking opportunities, and details of this year's upcoming conference.
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In 1997, Peter Heyberger was convicted of residential burglary and attempted residential burglary. It was his third conviction, and so, under California’s “Three Strikes” law, Mr. Heyberger’s minimum sentence was 25 years to life in prison. He was sentenced to 65-years to life.
In 2019, California passed HB 2942—a Prosecutor-Initiated Resentencing bill that gave California prosecutors the discretion to reevaluate past cases and recommend lower sentences. And so it was, in 2020, that Santa Clara County District Attorney Jeff Rosen reviewed Mr. Heyberger’s file and made a recommendation that, after serving twenty-three years of his sentence, led to Mr. Heyberger’s release.
Hillary Blout is the former California Prosecutor who helped draft and pass the California legislation that paved the way for Mr. Heyberger’s release. While working as a prosecutor, Hillary came to believe that court sentences were longer than necessary to achieve the goal of rehabilitation.
She left her job as a prosecutor and began working on sentencing reform. In 2019, she founded “For the People”—an organization dedicated to passing and implementing Prosecutor-Initiated Resentencing laws across the country. She has written for The Washington Post, Newsweek, USA Today, Bloomberg, and the American Bar Association Journal. At this point she has secured the passage of Prosecutor-Initiated Resentencing laws in several states, and her work has led to the resentencing of close to 1,000 people.
Justin Danilewitz and Geonard Butler spoke with Hillary Blout about her own experience, and the future of Prosecutor-Initiated Resentencing.
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The right to counsel in criminal cases is, by now well established in a series of United States Supreme Court precedents. And yet, local jurisdictions have for too long found themselves under-resourced, and out-gunned in their quest to provide not just constitutionally sufficient and competent representation, but excellent representation-free of charge to indigent criminal defendants. Pennsylvania, until recently in December 2023, was one of only two states in the nation, the other being South Dakota, that provided no state support for local public defenders offices. Through the passage of Act 34 last year this is not changed. Act 34 in addition to providing state funding for local public defenders offices, also established the Indigent Defense Advisory Committee. We are joined today by the Chair of that committee, Sara Jacobson, who is also the Executive Director of the Public Defenders Association of Pennsylvania, as well as by a member of the committee and the president of the Public Defenders Association of Pennsylvania, Julia Burke.
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Confessions by criminal defendants are regarded as the most powerful evidence of guilt. So why would an innocent person confess to a crime they did not commit? That question and the troubling issue of false confessions is at the heart of the research of Professor Saul Kassin, the author of Duped: Why Innocent People Confess – and Why We Believe Their Confessions. Professor Kassin is the distinguished Professor of Psychology at the John Jay College of Criminal Justice and Professor Emeritus at Williams College. He is regarded as the foremost expert on false confessions. He has served as an expert consultant in many high-profile cases and as a TV analyst. His work has been widely cited including by the United States Supreme Court, and the Supreme Court of Canada. We are also joined by Professor Jules Epstein from Temple University Beasley School of Law in Philadelphia. Professor Epstein is a practicing criminal defense lawyer, and also an expert on scientific evidence. He is the co-author of Scientific Evidence Review: Admissibility and the Use of Expert Evidence in the Courtroom, Monograph No. 9
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The prospect of long-term solitary confinement, being housed alone in custody for months and sometimes even years, is daunting for criminal defendants and their counsel. In May 2023, two public interest organizations, The Italian Association Antigone and the Israeli organization, Physicians for Human Rights Israel, proposed the International Guiding Statement on Alternatives to Solitary Confinement. We are pleased to have with us two guests: Professor Keramet Reiter & Oneg Ben Dror. Professor Reiter is a member of the Department of Criminology, Law and Society at the University of California Irvine Law School. Professor Reiter is the author of 23/7: Pelican Bay Prison and the Rise of Long-Term Solitary Confinement, published by Yale University Press. Ms. Ben Dror is a project coordinator for the Physicians for Human Rights Israel, and was involved in the drafting of the International Guiding Statement on Alternatives to Solitary Confinement. Our guests are the co-authors, along with Dana Moss, of a recent article: Overview of the International Guiding Statement on Alternatives to Solitary Confinement in the Criminal Justice Magazine.
On September 26, 2020, then-President Donald Trump nominated Judge Amy Coney Barrett to the United States Supreme Court. Upon confirmation, Justice Barrett took the seat of Justice Ruth Bader Ginsburg, who had passed away one week before Justice Barrett's nomination. Writing in the Fall 2023 issue of the Criminal Justice Magazine, Daniel Kaplan observes that Justice Barrett's voting pattern in the court's criminal cases has been notably Scalia-esque. That's perhaps not surprising, given that Justice Barrett was a law clerk for Justice Scalia after her graduation from Notre Dame Law School. She remains the only former Scalia clerk among the 9 justices currently on the court. Daniel Kaplan is an Assistant Federal Public Defender in Phoenix, Arizona. His article is "Amy Coney Barrett: A Mellower Scalia".
You can read his article here
Our guest is Professor Lucian Dervan, the founding Director of the Plea Bargaining Institute and a Professor of Law and Director of Criminal Justice Studies at Belmont University College of Law in Nashville, TN. Professor Dervan is co-chair of the ABA's Criminal Justice Section Plea Bargaining Taskforce and co-author of the forthcoming book, "The Cost of Bargains: Reflections and Recommendations" from the Section's Plea Bargaining Task Force.
Read the Fourteen Principles and a Path Forward for Plea Bargaining Reform, by Lucian E. Dervan here
Read the ABA CJS Plea Bargaining Task Force Report here
Larry Krasner is a former criminal defense and civil rights lawyer who has become one of the most high profile inner city District Attorneys to lead the city prosecutor’s office of any major city. He has made waves for his controversial—and some would say progressive—policy positions on hot button issues like mass incarceration, decriminalization of minor drug possession, police misconduct, and wrongful convictions. He was first elected as District Attorney for Philadelphia in 2017 and re-elected in 2021, after running his own criminal defense firm, where he brought over 75 civil suits against law enforcement for misconduct. Even earlier in his career he worked as a public defender.
It takes about 3 hours to drive from Greenwich, Connecticut to the Federal Correctional Institution, Allenwood Low in Pennsylvania. Jeffery D. Grant knows this because he took that drive on an Easter Sunday in 2006. A lawyer whose life has taken a wrong turn on the road to addiction, Jeff Grant left the upscale life he had cultivated in Connecticut to enter what would be his new home for the duration of his 18-month Federal criminal sentence. The story of his rise, fall, and redemption is recounted in an article by Evan Osnos in The New Yorker. Jeff Grant has also been featured in Forbes, The Philadelphia Inquirer, Greenwich Magazine, and Business Insider. Jeff was released from custody in 2007 and was able to recover from addiction, obtain a divinity degree, start a law firm, and start a number of non-profit support groups focused on reentry to society in support of defendants and their families.
Read The New Yorker article here
Read Jeff's CJS Magazine article, "A Rising Tide Lifts All Boats: Progressive Diversion and Reentry, 'Problem-to-Pardon' Case Management" here
Our guests have spent their careers advocating for some of the most vulnerable citizens in our country's legal system-our nation's children. Kristin Henning is the Blume Professor of Law and Director of the Juvenile Justice Clinic Initiative at Georgetown Law School and the author of "The Rage of Innocence: How America Criminalizes Black Youth". Marsha Levick is the co-founder and Chief Legal Officer of the Juvenile Law Center, which has been advocating for young people's rights for nearly 50 years.
In this episode, Joe Whitley and Lynsey Barron discuss corporate monitorships with Ling-Ling Nie, who is the Deputy General Counsel, Chief Compliance & ESG Officer, Head of Government Affairs at Aura and Scott Marrah, Partner at White Collar Criminal Defense & Internal Investigations at Kilpatrick Townsend.
Gurbir Grewal has been the Director of the Enforcement Division at the U.S. Securities and Exchange Commission since 2001. Prior to that, he had the distinction of being the first Sikh American to be Attorney General in any of the fifty states, and only the second South Asian to hold such an office after the former Attorney General of California, Kamala Harris. Gurbir was the Chief Prosecutor of Bergen County in New Jersey, and before that the Head of the Economic Crimes Unit in the U.S. Attorney’s Office in New Jersey. Justin and Gurbir sat down for a “fireside chat” at the annual White Collar Conference of the Pennsylvania Association of Criminal Defense Lawyers (PACDL). The episode was recorded in front of a live audience, with PACDL’s permission.
T. Markus Funk, a Partner at Perkins Coie in Denver, Colorado, was a Section Chief with the U.S. State Department in the Balkans, following the war in Kosovo, where he represented the United States in diplomatic negotiations and participated in the restructuring of Kosovo's post-war justice system. Markus graduated from Northwestern School of Law, and later received a doctorate in law from the University of Oxford, where he taught as a law professor. Markus was also a federal prosecutor in Chicago, where he prosecuted members of the Chicago mafia, most notably in a case called Operation Family Secrets, the subject of our discussion today.
Representing criminal defendants with mental disabilities comes with a range of challenges that make these representations different from the usual criminal representation in important ways. Elizabeth Kelley is an expert in the field, and the Editor of Representing People with Dementia: A Practical Guide for Criminal Defense Lawyers, recently published by the American Bar Association. The book is a collection of 16 essays by lawyers, psychiatrists, and psychologists. You can purchase the book here.
Our guest is Richard Saenz, who is a senior attorney in the criminal justice and police misconduct strategist at Lambda Legal. He focuses his work on the criminal legal system, coordinating litigation and policy work on behalf of incarcerated people and against the criminalization of LGBTQ+ people. Richard has been featured in the Washington Post, NBC News, USA Today, Newsweek, and The Advocate.
The Atlantic Center for Capital Representation was founded in 2010, in Philadelphia. The Center provides advice and counsel in death penalty cases around the country, as well as in federal death cases, and represents the Government of Mexico in death penalty cases involving Mexican nationals here in the United States. Justin and Geonard interviewed the Center’s co-founder and Executive Director, Marc Bookman, and the President of its Board of Directors, Patrick Egan. Marc and Pat are long-time members of the Philadelphia criminal defense bar, and have, themselves, litigated numerous death penalty cases. Marc is also the author of the recently published book by The New Press, called a Descending Spiral: Exposing the Death Penalty in 12 Essays. Marc has also published in The Atlantic, and Slate, among other publications.
For three decades, since its founding in 1992 at Yeshiva University’s Cardozo School of Law, the Innocence Project has led a national effort to exonerate wrongly convicted defendants through scientific advances in DNA technology. That work has led to the exoneration of hundreds of wrongly convicted defendants, some of them on death row. Justin and Geonard interviewed the founders of the Innocence Project, Barry Scheck and Peter Neufeld.
On this episode, Nina and Joe have a discussion with Jim Felman on the United States' sentencing guidelines.
White Collar Talks makes its return! In this episode, Nina and Joe engage in a compelling discussion with Scott Schools, the Chief Compliance and Ethics Officer at Uber. Scott takes us through a typical day at Uber, where he navigates the intricacies of his role, and mentions the challenges he encounters as the Chief Compliance Officer of a corporation of Uber's magnitude.
Featuring: Bill Shepherd is an experienced trial lawyer and partner at Holland & Knight's West Palm Beach and Washington, D.C., offices. As previous Chair of the Criminal Justice Section, Bill discusses his early career and how he became involved in the Criminal Justice Section as a law student, eventually creating the London White Collar Crime Institute.
Bill joins Nina and Joe to discuss the London White Collar Crime Institute and how it came to be. They also discuss why it is worth attending this conference, how it's different from others, memorable moments, social networking, virtual programming, and details of this year's upcoming conference.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Featuring: Lucian Dervan is a Professor of Law and Director of Criminal Justice Studies at Belmont University College of Law.
Lucian joins Nina and Joe to discuss international internal investigations, international white collar crime, and international criminal justice issues. As former Chair of the ABA's Criminal Justice Section, Lucian led the Section into the international space of criminal justice.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Featuring:
Ray Banoun, one of the founders of the National White Collar Crime Institute.
Maggie O’Donnell, trial attorney focused on white collar criminal defense and civil matters.
Hosts:
Nina Marino, founder of the Criminal Defense Law Section of the Women Lawyers Association of Los Angeles (WLALA) and the Los Angeles chapter of the Women’s White Collar Defense Association (WWCDA).
Joe Whitley, represents clients nationally and internationally in white collar criminal matters and regulatory enforcement, corporate internal investigations, Foreign Corrupt Practices Act (FCPA) and U.S. export controls and compliance.
Join Nina, Joe, Maggie, and Ray to learn more about the National White Collar Institute.
This is the first episode of the new series, "White Collar Talks with Nina and Joe"!
Welcome to White Collar Talks with Nina and Joe! This is an ABA Criminal Justice Section JustPod series where leading white collar practitioners discuss hot topics and emerging trends in government investigations and enforcement.
Featuring:
Ray Banoun, one of the founders of the National White Collar Crime Institute.
Maggie O’Donnell, trial attorney focused on white collar criminal defense and civil matters.
Hosts:
Nina Marino, founder of the Criminal Defense Law Section of the Women Lawyers Association of Los Angeles (WLALA) and the Los Angeles chapter of the Women’s White Collar Defense Association (WWCDA).
Joe Whitley, represents clients nationally and internationally in white collar criminal matters and regulatory enforcement, corporate internal investigations, Foreign Corrupt Practices Act (FCPA) and U.S. export controls and compliance.
Join Nina, Joe, Maggie, and Ray to learn more about the National White Collar Institute.
This is the first episode of the new series, "White Collar Talks with Nina and Joe"!
Featuring:
Ray Banoun, one of the founders of the National White Collar Crime Institute.
Maggie O’Donnell, trial attorney focused on white collar criminal defense and civil matters.
Hosts:
Nina Marino, founder of the Criminal Defense Law Section of the Women Lawyers Association of Los Angeles (WLALA) and the Los Angeles chapter of the Women’s White Collar Defense Association (WWCDA).
Joe Whitley, represents clients nationally and internationally in white collar criminal matters and regulatory enforcement, corporate internal investigations, Foreign Corrupt Practices Act (FCPA) and U.S. export controls and compliance.
Join Nina, Joe, Maggie, and Ray to learn more about the National White Collar Institute.
This is the first episode of the new series, "White Collar Talks with Nina and Joe"!
Featuring: Faraz Mohammadi, Assistant United States Attorney, Orange County, CA
Linda Britton ABA CJS Standards Director
Kyo Suh ABA CJS Technology and Publications Manager
Emily Johnson Senior Public Relations Specialist
Join us to learn more about how you can take part in the many opportunities available to members of the Section, from publishing, to creating policy, fellowships, media opportunities and more.
Also, this will be our last episode before a hiatus. The JustPod will return at a later date.
Featuring: Kristin Henning is the Blume Professor of Law and Director of the Juvenile Justice Clinic and Initiative at Georgetown Law
Kristin joins us to discuss her recently published book “The Rage of Innocence: How America Criminalizes Black Youth.” Kristin shares some highlights with our listeners as well as sharing her method for gathering the perspectives and conclusions put forward in this work.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Featuring: Melba Pearson, Policy Director for the Center for the Administration of Justice with the Florida International University.
Is that assault? Melba joins us to answer one of the questions that filled Twitter following the Oscars. Yes, we are talking about "the slap" but as one of many examples as we try to discern the obligations of law enforcement and prosecutors when a victim decides not to press charges.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Featuring: Wayne McKenzie, General Counsel at NYC Department of Probation
Chair of the ABA Criminal Justice Section.
Wayne joins us to give an update on what the Section has been up to and what plans they have for the coming months. We discuss in-person events like the recent National White Collar Crime Institute and our upcoming CJS Spring Meeting in Savannah. We also discuss the other work of the Section in awards and competitions.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Featuring: Prof. David M. Crane, Distinguished Scholar in Residence Syracuse University College of Law; Founding Chief Prosecutor UN Special Court for Sierra Leone; Founder, Global Accountability Network; Board of Advisors for the International Criminal Court Project (ABA’s Criminal Justice Section & Center for Human Rights)
David joins us to highlight the war crimes and crimes against humanity committed by Russian during its current invasion of Ukraine. Learn more about the actors, the means and the current state of prosecuting Vladimir Putin and Russian Commanders for these atrocities. Also, please note what needs to happen to move the prosecution forward.
International Criminal Court Project (ABA’s Criminal Justice Section & Center for Human Rights)
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Featuring: Michael J. Leotta Partner Wilmer Hale, Co-Chair of the ABA CJS White Collar Crime Committee
Michael joins us on the podcast because President Biden signed an executive order on government oversight of cryptocurrency. Michael will help walk us through this order on a high level to discuss what the order includes, what the potential impact is and what practitioners need to know now.
Want to join a CJS committee?
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Featuring:
Honorable Ernestine Gray, recently retired Judge of the Orleans Parish Juvenile Court, Co-Chair of the ABACJS Juvenile Justice Committee and member of the Juvenile Justice Standards Task Force and Chair-Elect of the Judicial Division.
Honorable Denise Langford Morris, Oakland County Circuit Court Judge, Secretary of the National State Trial Judges Conference of the Judicial Division, CJS Council Member, CJS Women's Task Force Member and Co-Executive Director of the ABACJS Equal Justice Division.
Judge Gray and Langford Morris are joining us today to discuss the historic appointment of Ketanji Brown Jackson’s nomination to the Supreme Court, the first Black woman to be appointed to the Supreme Court.
Want to join a CJS committee?
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Featuring: Stephen Saltzburg, Wallace and Beverley Woodbury University Professor of Law. Co-director of the Litigation and Dispute Resolution Program at George Washington University School of Law. Former CJS Chair.
The ABA policymaking body convened virtually Feb. 14 as part of the 2022 Midyear Meeting to debate and vote on a wide range of policy issues. CJS Delegate, Steve Saltzburg joins us to talk about the CJS resolutions that were cosponsored by CJS. Join us as we discuss new ABA policy around youth representation at court, youth homelessness, election law and more.
Here is the previous lactation room policy mentioned in this episode:
RESOLVED, That the American Bar Association encourages federal, state, and territorial legislatures and court systems, in conjunction with state and local bar associations, to support and assist with the establishment and maintenance of a lactation area in every appropriate courthouse, provided a lactation area is defined to mean a room in a courthouse for members of the public, including lawyers, jurors, litigants, witnesses, and observers, to express breast milk that:
- Is shielded from view and free from intrusion from the public;
- Has a door that can be locked;
- Includes a place to sit, a table or other flat surface, and an electrical outlet;
- Is readily accessible to and usable by individuals with disabilities; and
- Is not located in a restroom.
Want to join a CJS committee?
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Featuring: Dr. Jonathan Wender Co-Founder, President and CEO of POLIS Solutions
Jonathan joins us to examine rising crime and a potential relationship to recent police reforms. We discuss the need to focus on replicating successful practices and not just removal of police practices. We discuss the impact of recent reforms that were adopted in jurisdictions across the U.S.
POLIS Solutions
Legal Education Police Practices Consortium
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Featuring: Cynthia Nakao Professional Responsibility Advisor Los Angeles County District Attorney’s Office.
Ghislaine Maxwell was recently convicted of sex trafficking a minor, but her attorneys have formally requested a retrial stating that a juror did not disclose that they are a sexual abuse survivor. Cynthia highlights the applicable standards and potential problems that can arise in jury trials that can lead to a mistrial or retrial.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Featuring: Mark Beardsworth partner in Cadwalader’s White Collar Defense and Investigations Group, resident in the London office.
Saverio Lembo heads Bär & Karrer’s White Collar Crime practice group.
Frances McLeod is a founding partner of FRA and head of its US offices.
Mark, Saverio and Frances are editors and contributors to the new CJS book, “An International Guide to Corporate Internal Investigations”. They join us to provide us with an introduction and sampling of the valuable best practice tips and guidance readers can expect to find in this book.
You can purchase the book here: https://www.americanbar.org/products/inv/book/416759862/.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Featuring: Wayne McKenzie, General Counsel at NYC Department of Probation
Chair of the ABA Criminal Justice Section.
Wayne joins us to give an update on what the Section has been up to and what plans they have for the coming months. We discuss in-person events like the recent white collar crime institutes and our upcoming CJS Fall Institute. We also discuss the other work of the Section in policy, new books, new reports and more.
With the CJS Fall Institute next week and Thanksgiving the week after that, we will sign off for Season 3. We will take a break for the months of December and January and return again in February.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Featuring: Raul Ayala, Deputy Federal Public Defender at Office of the Federal Public Defender in the Central District of California and the collaborative court supervising attorney.
Ellen Yaroshefsky, The Howard Lichtenstein Distinguished Professor in Legal Ethics and Professor of Law.
Raul and Ellen join us to share what a day in the life is like for them as a public defender and an academic, respectively. Each shares their daily activities in addition to reflections on pivotal career moments that got them to where they are. Finally, they reflect on what they wish they would have known before working in their respective roles.
Enroll in a CJS Committee
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Featuring: Maryam Ahranjani, Associate Professor and Don L. & Mabel F. Dickason Professor with the University of New Mexico School of Law. Reporter of the Task Force: Women in Criminal Justice.
Yaamini Rao, Deputy Public Defender at Santa Clara County Public Defender's Office. Advisory Board member and Data Committee Co-chair.
The Task Force: Women in Criminal Justice join us to discuss their final report “Pulling Back the Curtain”. Further we discuss the impact of the listening sessions conducted by the Task Force and models for how these reports can help criminal justice practitioners across the country. And now that the report is published, the Task Force has plans to pressure test their recommendations. Maryam shares with us their plans and what we should expect looking forward.
Pulling Back the Curtain
"Toughen Up, Buttercup" versus #TimesUp: Initial Findings of the ABA Women in Criminal Justice Task Force
Join the Women in Criminal Justice Committee
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Featuring: Jody Westby, Global Cyber Risk LLC and Adjunct Professor, Georgia Institute of Technology, School of Computer Science
Matthew Esworthy Partner with Bowie & Jensen
There has been a surge in cybercrime over the last 18 months, escalating the need for more uniform laws in this space both globally and domestically. Jody and Matt join us to give us background on the escalation in cybercrime and what the gaps are in our laws. Further we discuss how these laws impact investigations and where the laws currently stand.
Enroll in a CJS Committee
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Featuring: Hon. Rachel L. Pickering, Third Judicial District; Shawnee County Kansas
Elizabeth Rosen, Assistant State's Attorney at The Office of the State's Attorney, Howard County
Judge Pickering and Elizabeth share what a day in the life is like for them as a judge and a prosecutor, respectively. Each shares their daily activities in addition to reflections on pivotal career moments that got them to where they are. Finally, they reflect on what they wish they would have known before working as a judge or prosecutor, respectively.
Enroll in a CJS Committee
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Featuring: Kristina Kersey, Senior Youth Defense Counsel
We are revisiting Jones v. Mississippi as the decision came as a shock and disappointment to juvenile justice advocates across the country. With recent Miller and Montgomery decisions, the expectation was that the court would rule to reduce the sentence of Jones. Kristina helps us review Jones' path to the Supreme Court and what the potential impact of this decision might be.
Keeping up with the Joneses
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Featuring: Emily Galvin-Almanza, Co-Founder and Executive Director of Partners for Justice
Emily joins us to recommend ways that public defenders can be a leader in criminal justice reform. We talk discuss early interventions that can help mitigate caused to defendants when they intersect with the criminal justice system.
Partners for Justice
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Featuring: Dean Madeleine Landrieu of Loyola University New Orleans College of Law
Dean Sudha Setty of Western New England University School of Law
Madeleine & Sudha join us to discuss a new initiative of the ABA, housed within CJS, the Legal Education Police Practices Consortium. What is the Consortium? Why was it created? What does it hope to accomplish?
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Featuring: Hadar Avriam Professor of Law, UC Hastings College of the Law
Sharon Dolovich Professor of Law and Director, UCLA Covid-19 Behind Bars Data Project Director, Prison Law and Policy Program UCLA School of Law
In May of 2020, we discussed the impact of COVID on prisoners during the pandemic. It’s been over a year since that discussion so Hadar and Sharon provide a review of how things have been going with transmission rates, early releases, serving sentences at home, vaccine accessibility and rollout.
UCLA Covid-19 Behind Bars Data Project
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Featuring: Michael Moore, Beadle County State's Attorney, co-chair of ABACJS Prosecution Function Committee and Past President of the National District Attorney's Association.
Is Bill Cosby free due to prosecutorial misconduct? Michael helps answer the question "What happens when a prosecutor is accused of misconduct?" We also take the time to discuss the parameters of prosecutorial misconduct and distinguishing between error and misconduct.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Featuring: Neal Sonnett, Criminal Defense Attorney and former CJS Chair.
Stephen Saltzburg, Wallace and Beverley Woodbury University Professor of Law. Co-director of the Litigation and Dispute Resolution Program at George Washington University School of Law. Former CJS Chair.
The ABA policymaking body met Aug. 9-10 at the Hybrid Annual Meeting to debate and vote on a wide range of policy issues. CJS Delegates, Steve Saltzburg and Neal Sonnett join us to talk about the CJS resolutions that were primarily sponsored by CJS in addition to the resolutions cosponsored by CJS. Join us as we discuss new ABA policy around police reform, juvenile justice and data collection.
https://www.americanbar.org/news/reporter_resources/annual-meeting-2021/house-of-delegates-resolutions/
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Featuring: April Frazier Camara, CJS Chair and Chief, Lifelong Learning with National Legal Aid & Defender Association
Wayne McKenzie Incoming Criminal Justice Section Chair and General Counsel at NYC Department of Probation
April and Wayne joins us to give an update on recent events for the Section but also to formally pass the gavel from one chair to the next. April reflects on her year as chair and leaves a message for Section members. Wayne provides us with a preview of what to expect from the new ABA year as he assumes the role of chair.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Featuring: Faraz Mohammadi, Assistant United States Attorney, Central District of California
Faraz joins us to discuss the current state of legislation banning conversion therapy. We discuss current statutes, their limitations, the prevalence of conversion therapy and the need for a federal ban.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Featuring: Roy Austin Jr., Vice President for Civil Rights and Deputy General Counsel, Civil Rights at Facebook.
Former Deputy Assistant to the President for Urban Affairs, Justice and Opportunity.
Former Deputy Assistant Attorney General, Civil Rights Division, U.S. Department of Justice.
It's been a year since the racial justice protests of 2020 following the murder of George Floyd. Many police reforms were passed in response to these protests but what has been their impact? Are we seeing meaningful change and reform in American policing? Roy Austin joins us to reflect on these questions as we discuss where we are and where we need to be.
21st Century Policing Implementation Guide
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Featuring: Rory Little, Joseph W. Cotchett Professor of Law at UC Hastings College of the Law.
Rory joins us again to help us review the criminal cases of the Supreme Court October 2020 Term. Rory helps provide background, summaries and insight from the most impactful cases of this term like Van Buren, 4th Amendment cases, Jones v. Mississippi and more.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Featuring: Bruce Zagaris of Berliner Corcoran and Rowe
Bruce joins us to discuss the new Anti-Money Laundering Act of 2020. Bruce walks us through the enforcement changes that will be implemented by Act. Additionally, Bruce discusses the comment period for this Act and how CJS will be participating.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Featuring: Daryl Atkinson and Jeremy Travis from Columbia University's Square One Project.
Daryl and Jeremy join us to discuss their recent publication and proposal to use the "Power of Parsimony" to transform the criminal justice system.
The Power of Parsimony
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Featuring: CJS Chair, April Frazier Camara
Our Chair, April joins us to give an update on upcoming events. Spoiler alert: in-person events are returning this Fall!
April provides an update on all the other activities going on with the Section.
CJS Events
CJ Magazine: Racial Justice Issue
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Featuring: Dr. Leslie Anne Ross, Psy. D
Dr. Ross joins us to share strategies and resources for managing vicarious trauma and compassion fatigue or empathic strain. Many attorneys in criminal law are at risk of experiencing these strains do to the nature of the work. What are the self reflective questions to ask yourself? How do set your own standards to measure your well being? Listen as Dr. Ross tells us how to do that.
Here is a list of resources the Dr. Ross shared on this episode:
- Free 2021 TEND virtual conference 9:00AM and 4:30PM EST on Friday, June 25th.
- The National Child Traumatic Stress Network: WWW. NCTSN.org
- The University of Kentucky Center on Trauma and Children: www.uky.edu/CTAC
- Dr. Rick Hanson's blog "Just One Thing": www.rickhanson.net
- Apps for in the moment stress reduction practices:
- Calm
- Insight Timer
- Headspace
- Happify
- Laura Van Dernoot Lipsky's book "Trauma Stewardship" and her TED Talks:
www.Traumastewardship.com
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Featuring: Arjun Sethi, political rights writer, human rights lawyer, and Adjunct Professor of Law at Georgetown University Law Center and Vanderbilt University Law School. Arjun is also the Co-Chair of the ABACJS Committee on Homeland Security, Terrorism & Treatment of Enemy Combatants.
Arjun breaks down the recent actions taken on the federal level to mitigate hate crime, specifically the rise in Asian American hate crime due to the COVID-19 pandemic. Arjun walks us through both AG Garland's memo to the DOJ and the recently signed COVID-19 Hate Crimes Act. We discuss it's potential impact as well as it's reception within the criminal justice field.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Featuring:
William Merriweather, 2L New England Law
Cynthia Orr, Managing Partner with Goldstein & Orr
Rory Little, Joseph W. Cotchett, Jr., Professor of Law at U.C. Hastings College of the Law
Avis Sanders, Director of the Externship Program American University Washington College of Law
We are joined by four guests to share their best advice for securing an internship. We discuss how to leverage your network, how to secure a judicial externship, how to stand out in the application and interview process and more!
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Featuring: Olinda Moyd, adjunct Professor of Law at Howard University School of Law.
Olinda joins us to discuss potential reform for the parole system. We discuss the potential impact of implicit bias training, increased diversity of parole boards, reducing supervision periods, providing better resources and more.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Featuring Jonathan Gitlen, Law Office of Jonathan Gitlen and former Director of the National Inventory of Collateral Consequences of Criminal Conviction Project.
Jonathan joins us for a discussion of the origins and impact of collateral consequences of conviction. Jonathan also details the work of the National Inventory of Collateral Consequences of Criminal Conviction Project, managed by the American Bar Association's Criminal Justice Section. Finally, we discuss how the database can be a tool to address needed reforms on the state level.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Featuring: Patricia Richman, National Sentencing Resource Counsel for Federal Public and Community Defenders.
Patricia walks us through the history of scheduling Fentanyl Analogues, including the 2018 class-wide scheduling of Fentanyl Analogues as Schedule I drugs. We discuss the potential impact of scheduling Fentanyl Analogues as Schedule I drugs and what the data from the last three years has shown. Additionally, we discuss alternative means to address public health and safety concerns around Fentanyl and Fentanyl Analogues.
OSU Symposium
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Featuring: Linda Seabrook, General Counsel and Director of Workplace Safety & Equity for Futures Without Violence and Rebecca Henry, Deputy Chief Counsel of the Commission on Domestic & Sexual Violence for the American Bar Association.
Linda and Rebecca join us on the podcast to discuss the Violence Against Women Reauthorization Act of 2021. After a brief history of the Act, we discuss new provisions, what "reauthorization" means practically and we talk about the gun violence debate around the bill.
ABA Day 2021
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Janet I. Levine of Kendall Brill & Kelly LLP joins us to share tips and best practices for laying a foundation at trial. Levine leads us through the steps from authenticating evidence to requests for judicial notice.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Jim Felman, Partner with Kynes Markman & Felman and Chair of the Task Force on the Implementation of the First Step Act joins us to walk us through the recent report published by the Task Force.
You can read the full report on our website.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Cameron McBride, Principal with Oster McBride
Prosecutor Camelia M. Valdes of Passaic County, New Jersey
Honorable Denise Langford Morris, Oakland County Circuit Court Judge
These three women in criminal justice share the journey of their respective career paths. Join us as they share pivotal moments, things they wish they had known and keys to success.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Jeff Tsai, former federal prosecutor joins us to discuss the challenges and opportunities of prosecuting and preventing hate crime in the wake of the Atlanta mass shooting hate crime. We discuss the role of the prosecutor as well as the other stake holders, and society, in addressing hate crime through policy and criminal justice reform.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
ABACJS Chair, April Frazier Camara returns to provide an update on the activity of the Section. We discuss Midyear, what to expect for in-person events, the Greenhalgh Writing Competition and more.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Professor Stephen Saltzburg of George Washington University Law School, joins us to provide an update on the House of Delegates, Midyear 2021. Steve shares an update on the six resolutions that ABACJS cosponsored during this session.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Professor Maryam Ahranjani from the University of New Mexico and Reporter of the Women in Criminal Justice Task Force joins us to report on the initial findings of the Task Force. She talks about the method, the patterns, the problems, the solutions and what comes next. Just in time to kick off women's history month!
"Toughen Up, Buttercup" versus #TimesUp: Initial Findings of the ABA Women in Criminal Justice Task Force
Follow along with the work of the Women in Criminal Justice Task Force and ABACJS by following the #womenofjustice.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Paul Henderson, Director for San Francisco's Department of Police Accountability, helps us review the policing of January 6th. There are many questions that need answers. We discuss use of force, volume of law enforcement, the impact of 2020 police reform and potential racial bias.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Trey Gowdy with Nelson Mullins and former U.S. Representative, joins us to answer questions around the current Capitol Riot congressional investigation. Gowdy helps explain the differences between an investigation led by congress vs. an investigation led by the DOJ or states attorney’s office and what we might see in terms of future congressional investigations around the Capitol Riot.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Professor Bruce Green of Fordham Law School, joins us to help answer questions of ethics around lawyers participating in the election fraud cases and investigation methods being used post Capitol Riot. He directs us toward standards and model rules applicable in these cases.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Our ABACJS Cybercrime committee chairs join us to discuss the potential cybercrimes around the January 6th attack on the Capitol. We also discuss the technology investigative tools, privacy and more.
Featuring:
Jason Gonzalez, Partner at Nixon Peabody.
Jody Westby, CEO Cyber Risk LLC.
Matthew Esworthy, Partner at Bowie & Jensen.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Joe Whitley of Baker Donelson, who also served as the first General Counsel for the United States Department of Homeland Security joins us for a special episode to review the events of January 6th. We discuss voter fraud and where and with whom there is potential criminal liability from that day.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Chair April Frazier-Camara joins us to give us an update on the Section. We recap highlights from the Fall Institute before jumping into new CJS projects: the Policing Project and the Criminal Justice Practice-Ready Clinic and more.
Details for CJS publication submissions here: https://www.americanbar.org/groups/criminal_justice/faq/publications/
Imran Ali joins us to discuss the prosecution of child trafficking. We discuss how to identify victims, how to build a case, trial strategy and addressing the unique challenges that layers of trauma play in these cases.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Michael Moore joins us to share details about how a grand jury works. From seating jurors, to indictment or no bill, to the need from secrecy, Moore walks us through it. Moore also helps contextualize a few notable cases from the news that used a grand jury like the Breonna Taylor case.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Deanna Adams, Chair of the ABACJS Young Lawyer Committee joins us to share an exciting program created to help law students and young lawyers whose employment opportunities have been hurt by the pandemic. She gives us an overview of the time commitment, benefit of participation, work opportunities and the career portal available to Clinic participants.
Register here: https://docs.google.com/forms/d/e/1FAIpQLSf_Bil4g6LiRRMYAOHBZoIy_hDu0B8JN0-Gq_W-Vruelz289w/viewform?usp=sf_link
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
We are joined by two experts in this episode to discuss election litigation past and present in collaboration with the Sections of Civil Rights and Social Justice and Litigation.
First Rob Weiner joins us for a review of the SCOTUS case. Weiner is currently the Senior Counsel at Arnold & Porter, Senior Consultant at the Campaign Legal Center, former Associate Deputy Attorney General in the Obama Administration, and Senior Counsel in the White House Counsel’s Office in the Clinton Administration. Weiner also clerked for Justices Thurgood Marshall and Henry Friendly.
Michele Hangley, of Hangley Aronchick Segal Pudlin & Schiller, who has represented certain Pennsylvania counties and the state of Pennsylvania in election litigation joins us to discuss current litigation in voter fraud. We discuss current and potential litigation as well as how voter fraud cases typically progress or get dismissed.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Judge Tracie Todd joins us to lead us through a review of the Section's history with diversity and inclusion. We begin our discussion focused on diversity and inclusion reflected in our membership and leadership. We then discuss some of the many projects that have aimed to address issues for members of diverse communities within the criminal justice system. And yes, we talk about some gaps and shortcomings of our Section's history of diversity and inclusion. This is not an exhaustive review of all policy, projects and initiatives but it is an overview.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Steve Hurley lends his expertise to our trial tips series to discuss hearsay evidence. We examine some exceptions to the rule against hearsay and the importance of reliability. We discuss the impact of stress on the reliability of a witness, present sense impression and the intersection of hearsay, competence, excited utterance and more.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
State's Attorney Kim Foxx from Cook County joins us on the podcast to discuss the role prosecutor's can have in creating reform within the criminal justice system. We discuss the 11 recommendations that were recently put forward by a group of Black female prosecutors, including Foxx, in a Politico op-ed. We cover a range of topics from declining to prosecute low-level offenses to banning no-knock warrant, investment of funds in community-led response programs, plea bargaining and more.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Laura Chiu joins us to share some highlights from her recent article reviewing the first 100 Years of CJS history. Additionally, she elaborates on the work of the Criminal Justice Section in advocating for the right to counsel for all indigents.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Jose Varela joins us for well-being series to discuss the well-being of public defenders. 2020 has had a unique impact on the profession and we discuss these new normals. We discuss the burdens of vicarious trauma, compassion fatigue and how to cope with them.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Ron Goldstock helps us review both US and CJS history with organized crime and the development of RICO. We discuss where the Section helped shape policy to address the pervasive problem of organized crime and more. Ron also shares his work in helping bring the Federal charges against the members of the Commission, the Mafia's ruling body.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Police Chief Anthony Holloway from St. Petersburg, Florida joins us to continue our conversation around police reform. We talk about trending reform action items like demilitarizing the police, no knock warrants, citizens review, police misconduct public databases, defunding the police and more.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Adara Combs joins us to discuss the unique stressors of being a prosecutor. We talk about the burdens of investigation, proof and justice. We also take time to discuss the unique stressors for Black prosecutors, especially during a period of unrest and calls for racial justice and equity. We also speak to managing the stress as a prosecutor and resources for well-being.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Elizabeth Kelley walks us through a review of the history of the Criminal Justice Section in the space of mental health and mental disabilities. The work of the Section in this space begins right alongside the Section in its first days. We discuss early collaborations with associations and the Wickersham Commission, amicus briefs and policy put forward by the Section in major case law, the CJS Mental Health Standards and more.
CJS Mental Health Standards
Representing People with Autism Spectrum Disorders
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Outgoing Chair, Kim Parker and new Chair, April Frazier Camara, join us for a special episode in which we figuratively pass the gavel. Kim shares her thoughts on the unforgettable ABA year 2019-2020. Get to know April as she introduces herself and her objectives for this coming ABA year.
https://www.americanbar.org/groups/criminal_justice/events_cle/centennial/
https://www.americanbar.org/groups/criminal_justice/awards/
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Bruce Green, Jessica Roth and Ion Meyn from our Standards Project join us for a review of the history of the CJS Standards Project. We share the origin and evolution of the Standards and what impact they have had on the field of criminal justice since their inception in the 1960s.
History of the CJS Standards Project
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
The ABA policy making House of Delegates met during online sessions August 3-4 to debate and vote on a wide range of policy issues as part of the 2020 Virtual Annual Meeting. CJS Delegates, Steve Saltzburg and Neal Sonnett join us to talk about the CJS Resolutions that were primarily sponsored by CJS and that were cosponsored by CJS. Join us as we discuss topics from restorative justice and discovery standards to police reform and voting rights.
https://www.americanbar.org/news/reporter_resources/annual-meeting-2020/house-of-delegates-resolutions/
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Former Supreme Court Clerk, Rory Little, joins us for a discussion of the October 2019 Supreme Court Term, criminal cases. We discuss the overall trends observed from the bench and the opinions delivered. We then discuss some cases of note like Bridgegate, DACA and more.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Ian Gershengorn, former Acting Solicitor General of the United States and Professor Barbara Creel speak to us about the recent Supreme Court case, McGirt v. Oklahoma. Gershengorn served as Jimcy McGirt's attorney and offers his experience in preparing and presenting the case. We discuss case strategy and the opinion delivered by Justice Gorsuch.
Professor Creel, a member of the Pueblo of Jemez, has also served as an assistant federal public defender and brings her expertise in Indian Country criminal defense to our discussion. We discuss the petition brought forward by Jimcy McGirt, Indian sovereignty and the potential impact of this decision.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Dr. Golob and Faraz Mohammadi join us to discuss the current state of hate crime prosecution. We address the rise in hate crime directed at Asian-American and Pacific Islanders due to COVID-19 and the rise in public consciousness of anti-Black racism. We discuss bias motivation, current legislation, the tracking of hate crimes and more.
The State of Criminal Justice Report cited in this episode can be found here: Covid-19 and Criminal Justice (americanbar.org)
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Melba Pearson joins us to revisit our discussion of prosecutorial discretion. Since our initial conversation, the book she mentioned has been released, "Can They Do That? Understanding Prosecutorial Discretion."
We discuss the purpose of prosecutorial discretion, how it influences policy and the different voices needed to discuss the subject.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
This episode is dedicated to our law students. Judy Gunderson, tells us all about the Uniform Bar Exam, including COVID updates.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Gabriel Russell joins us to discuss policing protests, and proposed police reforms. Russell weighs in on the potential impact of certification, choke hold bans, duty to intervene, qualified immunity and defunding or disbanding the police and more.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Lousene Hoppe joins us on the podcast to talk about a defense strategy called the Gay/Trans Panic Defense. We discuss how it’s been used and how the Criminal Justice Section and National LGBT Bar is working to eradicate this defense.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
We're joined by Victor Vieth to discuss tips for investigating child abuse during the COVID pandemic. We discuss educating adults and children on warning signs in addition to protective measures for practitioners. The stress and isolation of the pandemic is believed to increase the level of child abuse so please feel the urgency of this message.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Erika Gilliam-Booker, President of the National Black Prosecutor’s Association and Executive Board Member of the Black Public Defender Association, Byron Conway join us to discuss the prosecution of the police in the murder of George Floyd. We further discuss systemic racial injustice issues and how to address them.
Conway is currently serving as a Federal Public Defender in Atlanta.
Gilliam-Booker is both a Cook County Assistant State’s Attorney and newly appointed Special Assistant United State’s Attorney.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
This episode addresses the state of prisoners and prisoner treatment during the Covid-19 pandemic. We have pulled in leaders in prisoner treatment standards and release litigation from across the nation to share their successes and challenges from their respective geographies. This episode we hear from Margo Schlanger in Michigan, Tina Luongo in NYC, Cynthia Orr of Texas and Jaime Hawk of Seattle.
Geoff Burkhart walks us through the current state of virtual courts. We discuss advantages and disadvantages to virtual court. Most importantly we discuss what this means for your clients and how to help them during this time of the COVID-19 Pandemic.
The COVID-19 pandemic has forced most organizations into a virtual world and that includes SCOTUS. Rory Little walks us through how SCOTUS is handling the pandemic and what we can expect for the remainder of the October 2019 Term.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Judge Bernice Donald joins us to discuss the pervasive problem of implicit bias. We discuss the many opportunities for bias to manifest itself within the criminal justice system and best practice tips to interrupt bias.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
We continue our discussion with David Jaffe around law student well-being. In this episode we discuss the reluctance of students to seek help. We also discuss resources and ways to manage the stress.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
David Jaffe joins us to discuss law student well-being. The stress of the profession starts early, and we discuss the unique pressures of law school, the bar exam and stigma.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Nina Marino and Kevin Napper continue the “Trial Tips” series with best practices for examining a witness.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Lara Bazelon joins us to discuss restorative justice. We discuss the concept of restorative justice from the perspective of victims and also in the context of wrongful conviction.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Terry Harrell walks us through the National Judicial Stress and Resilience Survey. We discuss the unique sources of stress that come from serving in the judiciary, their potential impact and ways to manage the stress.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Judge Ernestine Gray talks to us about the intersection of the juvenile justice system and the foster care system. We discuss where the systems are failing and what can be done to address these problems.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
CJS Delegate, Steve Saltzburg talks about the CJS Resolution put forward at the Midyear House of Delegates meeting in Austin. The Resolutions supported by CJS cover a variety of issues from judicial discretion to lethal force, violence against women and gun laws.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
CJS Chair, Kim Parker, updates us on the Midyear activities and discusses the upcoming work of the Section. CJS Award nominations will be open March 1st – May 1st.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
We continue our discussion with Jack Donson about the BOP and Best Practice Tips. In part 2, Jack walks us through some of the most frequently asked questions he gets during his training seminars across the country.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Jack Donson leads us through a discussion of the designation and classification process for the Bureau of Prisons. He highlights classification score nuances that can make the difference between assignment to serve a sentence in a camp designation or a higher level facility. We cover best practices that every practitioner, parole officer and judge should know.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Thank you for listening to Season 1 of The JustPod. We will be taking a break in December and January but will return in February of 2020.
Council Nominations: https://www.americanbar.org/groups/criminal_justice/about_us/nominations/
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
We are joined by Kevin Bethel who shares his experience as former deputy police commissioner for Philadelphia. Kevin shares his journey of reforming the way Philadelphia handled youth violations and introduced a pre-arrest diversion program that has been very successful.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Current Chair, Kim Parker joins us for an update on the Criminal Justice Section's recent and upcoming activity. We discuss Fall Institute highlights, the upcoming call for council nominations, our new Diversity and Inclusion Fellows and more.
We also discuss the theme and plans for our centennial anniversary, "Perfecting Our Vision in 20/20".
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
We begin a short series of Trial Tips with Nina Marino, who leads us through best tips and practices when drafting a motion. We discuss everything from headings to citations.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Recent reports have discovered a disproportionate level of substance abuse and depression among lawyers in comparison with the general public. Bree Buchanan discusses these reports and the work of the National Task Force on Attorney Well-Being and their recommendations to address it. Did your employer sign the pledge to commit to attorney well-being?
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Cynthia Orr leads us through a breakdown of the prosecution in the case of Varsity Blues, or the college admissions scandal. We discuss the progress of the prosecution, the plea deals and the application of RICO.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
James Berger joins us to provide insight into the current landscape of commerce between US and China. We are in a period of heightened regulation and political tension, so what can practitioners do to help their clients navigate this space?
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Two constitutional law professors walk us through a comparison of a criminal case vs. the impeachment process. Rory Little and Steve Saltzburg explain differences between charges and articles of impeachment; conviction; trial proceedings and more.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Chairman, Michael S. Greco and Director, Kristin Smith join us to provide an introduction to the ABA's ICC Project and the International Criminal Court. Learn more about the ABA's involvement with the International Criminal Court and the advocacy they are engaged in.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Robert Mikos, the reporter of the Marijuana, Federalism, and Separation of Powers Task Force, joins us to share the work of the Task Force. We discuss the tensions between state and federal law and some of the most prominent legal problems that result. Mikos walks us through their report and resolutions.
Resolution and Report
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Jim Felman, chair of the First Step Act Implementation Task Force, joins us on the podcast to discuss the work of the Task Force. Their first objective is to gain more transparency around the risk assessment tool being used to implement the First Step Act. We discuss their experiences and concerns.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Ken Goldsmith from the ABA Governmental Affairs Office informs listeners how to effect policy on the federal, state and agency level. We walk through recent examples where members of the Criminal Justice Section have done this successfully.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Criminal Justice Section delegate, Stephen Saltzburg walks us through the Resolutions sponsored and co-sponsored by CJS during the recent Annual Meeting. Resolutions dealt with issues of marijuana and federalism, The First Step Act, sexual consent and firearms at the courthouse.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
We catch up with the Discovery Standards Task Force to discuss their work. Learn more about significant cases that have been the center of discussion for the Task Force and the examination of Brady violations.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
We are joined by both outgoing Chair, Lucian Dervan and incoming Chair, Kim Parker to look back on the last bar year and look forward to things to come.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Melba Pearson joins us on the podcast to discuss prosecutorial discretion and its role in recent prominent cases. We walk through the prosecutors role in the Jussie Smollett case, the Epstein case and the Mueller Report.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Previous Supreme Court Clerk, Rory Little, joins us for a discussion of the October 2018 Supreme Court Term, criminal cases. We discuss the overall impressions of the new bench and patterns in the opinions delivered. We then discuss some cases of note like Flowers v. Mississippi and Timbs vs. Indiana.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Today, Ilene Jaroslaw helps us examine the charges brought against Epstein in the Southern District of New York and the implications of his preexisting non prosecution plea deal. We discuss the bail hearings and the Crime Victim's Right Act.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
What does the employment landscape look like for young lawyers? What are the challenges they face? We discuss with our co-chair, Deanna Adams, from the Young Lawyers Committee and introduce the CJS Mentorship Program.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
In this episode we discuss scenarios where counsel might run into challenges when working with a client with mental health disabilities. Dr. Eric Drogin walks us through some scenarios and how the mental health standards can help navigate these challenges.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
The Criminal Justice Section has created a new Plea Bargain Task Force. The Task Force begins its investigation into the current state of the plea bargaining in the American criminal justice system and problems like the innocence issue.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Fees and fines can entrap people in the criminal justice system based on their ability to pay. On this episode we discuss the Malia Brink from the American Bar Association’s Working Group on Building Public Trust, who developed ten guidelines to instruct courts actors about how to ensure that fines and fees do not punish people disproportionately for their poverty.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
With the release of the new miniseries "When They See Us" featuring the case of the Central Park 5, youth incarceration and prosecution is fresh on our minds. In this episode we speak with Liz Ryan, president and CEO of the Youth First Initiative do discuss the youth criminal justice system and what reforms are still needed.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Robert McWhirter joins us to discuss the implications of the Attorney General William Barr being held in Contempt of Congress and the next steps. We further discuss his potential prosecution and defense and executive privilege in addition to the duty to protect confidential information.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Current CJS Chair, Lucian Dervan, joins us again to give an update on current events and projects within The Section. He provides an update on the following: Spring Meeting in Nashville, Forensics Conference May 29-30, Global White Collar Crime Institute in Prague June 27-28, Opening of the Diversity and Inclusion Fellowship, CJS Mentorship Program and Council Nominations.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
In this episode, we discuss with Elizabeth Kelley the nuances of representing people with mental disabilities like establishing competency and sanity. We first establish that we are speaking to more than just mental illness but mental disabilities as whole, which is inclusive of autism, fetal alcohol spectrum and more. We also emphasize the need for greater education and more resources.
https://www.elizabethkelleylaw.com/the-book.html
The Sheridan County Prosecuting Attorney of 32 years, Matt Redle, joins us on the podcast. In this episode we discuss the evolution of forensic evidence being used in the courtroom. We also discuss the challenges and ethical responsibility of attorneys and judges to continue learning about developments in forensic science.
Finally, we discuss The Tenth Annual Prescription For Criminal Justice And Forensic Science National Institute. Register to attend online: https://www.americanbar.org/events-cle/mtg/inperson/350429299/
In this episode we discuss the parameters of redaction and redacted material in the Mueller Report with Sara Alpert Lawson. We then go on to discuss the implications of congress receiving a full unredacted Report.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
We talk about the details surrounding the extradition of Julian Assange and the countries interested in prosecuting Assange with Bruce Zagaris. We also discuss the first amendment and the implications and complications of charging Assange in the US. Is he a whistle blower or a journalist?
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
We followed up with our Nashville panel to share their insights on Mass Incarceration and The First Step Act. We discuss the effect of mass incarceration on families, the path to clemency for Cyntoia Brown and reducing sentences.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Experts from prosecution offices from Kansas, Massachusetts, Pennsylvania and Washington share how Conviction Integrity Units work, the impact they are making in the pursuit of true justice and the current culture surrounding Conviction Integrity Units.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Incoming CJS chairs, Kim Parker and April Frazier Camara talk to us today about the special day of Women in Criminal Justice programming at the Spring Meeting. We discuss implicit bias and tools to help women be successful. Please join us in Nashville!
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Jaime Hawk of ACLU walks us through the current state of Bail Reform. We discuss the disparities in the current bail system and recommendations for pretrial infrastructure.
Bail Reform has been a hot topic in the news recently with Time publishing a letter by John Legend, different state sharing reports on this subject and the ABA announcing a partnership with Arnold Ventures for pretrial justice.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Honorable Carlos Mendoza is the United States District Judge for the Middle District of Florida. Judge Mendoza joins us on the podcast to discuss the challenges of judging. We discuss charging policy, sentencing, plea bargaining , The First Step Act and more.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
A discussion of the history of sentencing since 1984 to the current state and debate with Jim Felman. We cover Guidelines vs. Advisory, the Clemency Project and the First Step Act.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
We are live in New Orleans with Ray Banoun, one of the founders of the National White Collar Crime Institute. Ray shares the origin story of this now well known and attended Institute and shares insights into the programming and speakers her in New Orleans.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
In this two part episode we first speak with Brian Ferguson, director of MORCA who created the Paralegal Fellowship Program. Brian speaks to issues of former incarcerated individuals, or returning citizens, reentering society and a program designed to create a pathway to successful reentry. We then speak with immediate past chair, Sandy Morris and current chair, Lucian Dervan about the involvement of the Criminal Justice Section in this new program.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
The Criminal Justice Section has created a new Women in Criminal Justice Task Force designed to explore and address women's issues in the field of criminal justice. We interviewed the Task Force Reporter, Maryam Ahranjani to discuss the creation of the Task Force and it's objectives and plan of action.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
The "Putting ICE on Ice" panelists from the Midyear panel, join us on the podcast. We discuss the growing concern around ICE arrests at the courthouse and the threat this poses to justice. Our panelists share perspective from prosecution, judiciary and academic.
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The Criminal Justice Section Delegates join us to talk about the policy, or "Resolutions" as they are called at the ABA, proposed by the Section at the Midyear Meeting in Las Vegas. Each of these Resolutions passed the House of Delegates.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now
Our first episode and our first "Check-in with the Chair" segment features Lucian Dervan, current chair of the Criminal Justice Section. Lucian provides updates on his vision for this ABA year and an update on exciting projects within the Section.
If you want to know more about any of the committees, task forces or events discussed, please visit our website: https://www.americanbar.org/groups/criminal_justice/.
Want to get involved with the Criminal Justice Section? Join us! https://www.americanbar.org/membership/join-now