Explore every episode of the podcast Public Defenseless
| Title | Pub. Date | Duration | |
|---|---|---|---|
| 273 | How the Junk Science "Excited Delirium" Shields Cops From Accountability w/Rachel Kincaid | 05 Sep 2024 | 01:09:04 | |
Today, Hunter is joined by Professor Rachel Kincaid to talk about her recent law review article about the junk science excited delirium. Through her research, we can trace how this science steeped in racism has been able to infect the legal system and provide police a shield for their unlawful uses of force.
Guests: Rachel Kincaid, Professor of Law, Baylor University
Resources:
Read Rachel's Article https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4831202 Professor Kincaid's Faculty Page https://law.baylor.edu/person/rachel-kincaid
Contact Hunter Parnell: @PublicDefenselessPodcast @PDefenselessPod Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN Trying to find a specific part of an episode? Use this link to search transcripts of every episode of the show! https://app.reduct.video/o/eca54fbf9f/p/d543070e6a/share/c34e85194394723d4131/home
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| 272 | The Challenges of Providing Holistic Defense in Rural North Carolina w/Beth Stang | 04 Sep 2024 | 01:01:20 | |
Today, Hunter is joined by our first North Carolina Public Defender, Beth Stang. Today, we will be discussing all that is going right, going wrong, and what the future holds for Public Defense in Beth's office that covers Henderson, Transylvania, and Polk counties.
Guests: Beth Stang, Chief Public Defender, Henderson, Transylvania, and Polk County, North Carolina
Resources: Email Beth
Contact Hunter Parnell: @PublicDefenselessPodcast @PDefenselessPod Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN Trying to find a specific part of an episode? Use this link to search transcripts of every episode of the show! https://app.reduct.video/o/eca54fbf9f/p/d543070e6a/share/c34e85194394723d4131/home
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| 263 | What Changes are Coming to Fix Maine's Public Defense Crisis? w/Jim Billings | 08 Aug 2024 | 01:01:29 | |
Today, Hunter is joined by Jim Billings, the Executive Director of the Maine Commission on Public Defense Services. At the very start of the show, Hunter spoke with then Executive Director of the Maine Commission on Indigent Legal Services, Justin Andrus, to discuss the problems facing Maine Public Defense. As a reminder, Maine was the only state that relied 100% on contract lawyers and no full time public defense offices. Since then, the crisis has only worsened. There are hundreds of people currently without counsel, and while the long term outlook looks promising, the short to medium term outlook face serious problems.
Guests: Jim Billings, Executive Director, Maine Commission on Public Defense Services
Resources: Maine Unrepresented Crisis https://www.aclumaine.org/en/mainesgrowingcrisis Man released after bail lowered due to lack of Public Defenders
Contact Hunter Parnell: @PublicDefenselessPodcast @PDefenselessPod Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN
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| 176: The Corruption and Coverup that Led to the Wrongful Conviction of Tim Wright w/Adam Deutsch | 19 Oct 2023 | 00:49:07 | |
Today, Hunter spoke with a longtime investigator in the innocence movement, Adam Deutsch, to discuss the wrongful conviction of Tim Wright. In 2008, was convicted of the murder of Justin Baumgardner, but after more than a decade behind bars, evidence is mounting that Tim is behind bars as a result of an elaborate cover up by the Amherst County Deputy Sheriffs. With the help of bad ballistics, bad cellular triangulation, and a witness with every motive to lie, Tim was convicted. Thankfully, there are people like Adam and Tim's wife Danielle tirelessly fighting for the truth to come to light. Guests: Adam Deutsch, Investigator and Founder of Synergy Intelligence Holdings Resources: Tim Wright 2018 Georgetown Making an Exoneree https://www.youtube.com/watch?v=AXiv05XlrJ0 Tim Wright Uncuff the Innocent https://www.uncufftheinnocent.org/tim-wright-jr Tim Wright's Website Tim Wright Twitter https://twitter.com/innocence4tim?lang=en Contact Adam http://www.synergyintelligence.com/
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| 175: How Iowa Makes People Pay for Their Public Defenders w/Darren Page *AUDIO ISSUES CORRECTED* | 17 Oct 2023 | 01:09:29 | |
*There was an issue with the file uploading to the podcast platforms. It has been corrected! Apologies* Today, Hunter spoke with Iowa Public Defender, Darren Page, to peel back the layers of Public Defense in Iowa to try and understand why the Chief Justice of the Iowa Supreme Court said the system was in a state of crisis. On many episodes, Hunter likes to explore how states determine if someone should get a Public Defender and if states make those who get a Public Defender reimburse the state for the costs. In Iowa, the state has decided to narrowly define who is too poor to qualify for a Public Defender while also mandating that people reimburse the state for costs. While this is not what's causing the crisis, it is a signal of a system desperate for reforms. Guests: Darren Page, Assistant Public Defender, Des Moines, Iowa Resources: Iowa Public Defender in a state of Crisis Iowa State Public defender Iowa Public Defender Strategic Plan 2019-2023 https://spd.iowa.gov/sites/default/files/SPD%20Strategic%20Plan%20-%202019-2023.pdf Iowa Annual Public Defender Reports https://spd.iowa.gov/about-us/spd-reports Iowa Living Wage https://livingwage.mit.edu/states/19 National Poverty Guidelines https://www.healthcare.gov/glossary/federal-poverty-level-FPL/ United Way Iowa
Contact Hunter Parnell: @PublicDefenselessPodcast @PDefenselessPod Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN
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| 174: How UnCommon Law Challenges California's Broken System of Parole w/Keith Wattley | 12 Oct 2023 | 01:03:04 | |
Joining Hunter today is Keith Wattley, the Founder and Executive Director of Uncommon Law. Keith and his team at Uncommon Law support people navigating California's discretionary parole process through trauma-informed legal representation, mental health counselling, legislative and policy advocacy, and in-prison programming led by those who have been through the process themselves. For decades, people have been aware of the pervasive bias that infects the parole system of California, but little has changed to address it. That's where Keith and Uncommon Law come in. Guests: Keith Wattley, Founder and Executive Director, Uncommon Law Resources: Uncommon Law Website Follow Uncommon Law on https://www.instagram.com/uncommonlawyer/ https://www.facebook.com/UnCommonLaw/ 1. The Compassion Prison Project has some great information about rates of trauma - in particular, childhood trauma - among people in prison, and the relationship between Adverse Childhood Experiences (ACEs) and incarceration 2. The Sentencing Project has several really excellent reports about our country's enduring reliance on life sentencing, how ineffective these kinds of sentences actually are in promoting public safety, and the relationship between life sentencing and mass incarceration 3. Speaking of the Sentencing Project, Keith recently authored this op ed in The Crime Report with their Senior Director of Advocacy Nicole Porter, which explores similar ideas 4. The Justice Policy Institute recently released this analysis of Maryland's parole process, highlighting several of the same issues we see in California. 5. Similarly, there has been fairly regular coverage of the racial biases evident in New York's parole hearing decisions in recent years 6. Finally, feel free to check out this video series our organization put out last year; it explores cycles of violence from the perspectives of people who have both survived and caused harm, and gives a good sense of our work and messaging
Contact Hunter Parnell: @PublicDefenselessPodcast @PDefenselessPod Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN
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| 173: Defending those that Protested Against Police Brutality and the Killing of Elijah McClain w/Amelia Power | 10 Oct 2023 | 00:48:11 | |
Today, Hunter is joined by criminal defense attorney and former public defender Amelia Power to discuss her role in defending those who protested the killing of Elijah McClain. As is so often the case, those who used their 1st Amendment rights to protest the abuses of police found themselves facing hefty prison time.
Guests: Amelia Power, Criminal Defense Attorney, Colorado
Resources: Media Coverage of the Case https://www.westword.com/news/elijah-mcclain-protesters-charges-dropped-12335973 https://www.apowerlaw.com/media Contact Amelia Elijah McClain https://www.nytimes.com/article/who-was-elijah-mcclain.html FBI Informants in the Colorado Racial Justice Movement https://theintercept.com/2023/02/07/fbi-denver-racial-justice-protests-informant/ Aurora Police Response to Violin Vigil https://abcnews.go.com/US/city-aurora-sued-police-response-violin-vigil-elijah/story?id=71951197 PSL
Contact Hunter Parnell: @PublicDefenselessPodcast @PDefenselessPod Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN
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| 172: Manifesting Justice: How Wrongfully Convicted Women Reclaim Their Rights w/Valena Beety | 05 Oct 2023 | 01:00:34 | |
While the Innocence Project has continuously done amazing work in revealing just how flawed our legal system can be, there has always been limits on the cases they take. Normally, these have been confined to cases where DNA evidence can definitively exonerate the wrongfully convicted. This practice can and does leave out countless people who are factually innocent behind bars. Today, Hunter spoke with Valena Beety to examine the women and LGBTQ community members who have been wrongfully convicted and how to best go about expanding the innocence movement.
Guests: Valena Beety, Professor of Law, Indiana University Mercer School of Law, Founding Director of the West Virginia Innocence Project
Resources: Valena Beety's Webpage Buy Valena's Book Lambda Law
Contact Hunter Parnell: @PublicDefenselessPodcast @PDefenselessPod Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN
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| 171: The Innocence Project's Future Fight Against Racial Bias and Emerging Junk Sciences w/Christina Swarns | 03 Oct 2023 | 01:08:07 | |
Few organizations have been able to demonstrate the injustice of our criminal legal system quite like the Innocence Project, but their fight against the things that manifest that injustice is far from over. Today, I spoke with Christina Swarns, Executive Director of the Innocence Project, to discuss how the organization plans to combat some of the most pressing issues contributing to wrongful convictions. From massively overworked Public Defenders, all kinds of implicit biases, and ever emerging forensic sciences, the Innocence Project hopes that their continued public advocacy will push back against these societal ills.
Guests: Christina Swarns, Executive Director, Innocence Project
Resources: Innocence Project Website Follow the Innocence Project on Twitter: https://twitter.com/innocence?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor Instagram: https://www.instagram.com/innocenceproject/?hl=en Buck v Davis https://www.supremecourt.gov/opinions/16pdf/15-8049_f2ah.pdf https://www.oyez.org/cases/2016/15-8049
Contact Hunter Parnell: @PublicDefenselessPodcast @PDefenselessPod Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN
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| 170: The NDS Harlem Union's Fight for a Fair Contract Amidst New York's Housing Crisis w/William Botchway, Naomi Schachter, Jeremy Tinsley | 29 Sep 2023 | 01:23:25 | |
Another union episode and another union episode predicated on a communication failure, a cost-of-living crisis and a desperate need for a fair contract. Today, Hunter spoke with three members of the NDS Harlem union, William Botchway, Naomi Schachter and Jeremy Tinsley, to discuss where the NDS Harlem stands now two months past the expiration of their previous contract. For everyone from entry level attorneys to social workers, and housing advocates, the compensation at NDS Harlem is simply not enough to survive with New Yorks exorbitant cost of living. Without a new, fair contract, NDS Harlem will surely start to bleed talent in a way that no office can afford.
Guests: William Botchway, Housing Advocate and Union Member, NDS Harlem Jeremy Tinsley, Criminal Defense Attorney and Union Member, NDS Harlem Naomi Schachter, Social Worker in the Family Defense Unit and Union Member, NDS Harlem
Resources: NDS Harlem https://neighborhooddefender.org/locations/harlem/ NDS Union on Twitter NDS Union Instagram https://www.instagram.com/ndsunion/ ALAA Union Twitter https://twitter.com/alaa2325?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor Housing Crisis in New York Living Wage New York https://livingwage.mit.edu/counties/36061
Contact Hunter Parnell: @PublicDefenselessPodcast @PDefenselessPod Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN
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| 169: How the Ever Expanding Pre-Trial Surveillance Impacts Alaska Public Defense w/Justin Racette | 28 Sep 2023 | 00:59:37 | |
Today, Hunter continues his exploration of the criminal legal system in Alaska. Joining him today is Fairbanks Public Defender, Justin Racette. On Tuesday, folks from the ACLU of Alaska talked us through how the turn to tough on crime polices created brutal prison conditions, and today, we will see how those policies have impacted the ability for Alaska Public Defenders to provide competent representation to each of their clients.
Guests: Justin Racette, Assistant Public Defender, Fairbanks Alaska Resources: Alaska Public Defender Alaska Public Defender Case Refusal
Contact Hunter Parnell: @PublicDefenselessPodcast @PDefenselessPod Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN
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| 168: Alaska's Brief Moment of Criminal Justice Reform and their Turn to Tough on Crime Policies w/Mike Garvey and Megan Edge | 26 Sep 2023 | 01:05:33 | |
Today, Hunter spoke with Michael Garvey and Megan Edge of the ACLU of Alaska to examine the policy history of Alaska that has made it such a pro carceral state. For a brief moment in the mid 2010's, Alaska looked like it would start to turn towards a more rehabilitative model for its criminal legal system. Unfortunately, current Governor Mike Dunleavy had different plans. With his election in 2018, the state shifted right back to its history of being tough on crime and pro carceral. Now, the state is still one of the highest incarcerators in the world, but with little change in the rates of violent crime. Michael and Megan breakdown what that means for the people of Alaska and what can be done about it.
Guests: Michael Garvey, Advocacy Director, ACLU of Alaska Megan Edge, Prison Project Director, ACLU of Alaska
Resources: ACLU of Alaska Follow Megan on Twitter Follow Michael on Twitter The Appeal's Coverage of Alaska Move to Tough on Crime Policies
Contact Hunter Parnell: @PublicDefenselessPodcast @PDefenselessPod Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN
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| BONUS: A New Database Providing Public Defenders the Latest Social Science Data for Court w/Eve Primus | 25 Sep 2023 | 00:39:40 | |
Part of the goals of this show is to remind Public Defenders that they are not alone in their fight. There is a massive network across the nation of people from all walks of life fighting both in and out of the court room to try and make a more just legal system. Today, Hunter is once again joined by University of Michigan Professor of Law Eve Primus. This time, Hunter and Eve are talking about the MDefenders latest program, the Data for Defenders. This new tool from the University of Michigan is designed to provide Defenders with motions and brief that incorporate the latest and greatest social science data.
Guests: Eve Primus, Professor of Law, University of Michigan
Resources: Data for Defenders MDefenders https://www.law.umich.edu/mdefenders/Pages/default.aspx Follow Eve on Twitter Eve's Law Review Article https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4232443 Contact Eve
Contact Hunter Parnell: @PublicDefenselessPodcast @PDefenselessPod Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN
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| 262 | How the Good Faith Exception is Eroding Our Right to Privacy w/Matthew Tokson | 06 Aug 2024 | 00:59:08 | |
Today, Hunter is joined by University of Utah law Professor, Matthew Tokson, to discuss his most recent law review article The Reality of the Good Faith Exception. For those unfamiliar with it, the good faith exception is a way that the courts have side stepped unconstitutional actions by police and prosecutors. Specifically, if a cop executes a search, but it later turns out that it was based on an illegal warrant, that will not matter so long as the officer acted in good faith. How can we so easily excuse violations of the Constitution and what does it mean for our right to privacy? The answers to those questions and more are found on this episode!
Guests: Matthew Tokson, Professor of Law, University of Utah
Resources: US v Leon https://supreme.justia.com/cases/federal/us/468/897/ The Reality of the Good Faith Exception Article https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4414248
Contact Hunter Parnell: @PublicDefenselessPodcast @PDefenselessPod Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN
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| 167: Rebuilding the New York Legal Aid Society's Union Strength w/Jane Fox | 22 Sep 2023 | 01:12:46 | |
There may be no Public Defender Union with as long and storied of a history as the New York Legal Aid Society's, and today, Hunter spoke with Chapter Chair of the NY Legal Aid Union, Jane Fox, to discuss the efforts to revitalize that very union. The challenges facing Jane and all Public Defenders in New York City are immense. The crushing criminal caseload is compounded by the cost-of-living crisis impacting the attorneys, staff, and their clients. If Public Defenders and their clients are going to thrive in these difficult conditions, it will be thanks to the tireless efforts of Jane and the Legal Aid Union.
Guests: Jane Fox, Chapter Chair, NY Legal Aid Society Union, Association of Legal Aid Attorneys
Resources: ALAA Follow Jane on Twitter https://twitter.com/foxsquire?lang=en Email Jane Issues with Mold in Building https://nysfocus.com/2023/08/28/legal-aid-society-mold-brooklyn
Contact Hunter Parnell: @PublicDefenselessPodcast @PDefenselessPod Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN
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| 166: How the Deck is Heavily Stacked Against Federal Public Defenders w/Colin Prince and Jay McEntire | 21 Sep 2023 | 01:11:28 | |
From the limited discovery, limited access to witnesses, and the limited resources, Federal Public Defenders around the country are fighting for their clients at a massive disadvantage. Today, Hunter spoke with two Federal Public Defenders, Colin Prince and Jay McEntire, to try and understand how and why the deck is so heavily stacked against them. Drawing from their experience as corporate civil litigators, Colin and Jay demonstrate how our society empowers those fighting over money while simultaneously disempowers those fighting for their liberty.
Guests: Colin Prince, Chief Appellate Attorney, Federal Defenders of Eastern Washington and Idaho Jay McEntire, Senior Litigator, Federal Defenders of Eastern Washington and Idaho
Resources: Federal Defenders of Eastern Washington and Idaho https://www.fdewi.org/index.html Impending Cuts to Federal Public Defender System
Contact Hunter Parnell: @PublicDefenselessPodcast @PDefenselessPod Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN
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| 165: Will a New Data Driven Approach Be the Key to the Future for Montana Public Defense w/Brett Schandelson | 19 Sep 2023 | 01:19:50 | |
Montana Public Defense has seen a lot in the 21st century. A lawsuit in the early aughts lead to massive changes and the creation of the state public defender system. Now almost 20 years later, the Montana Public Defense system is still only treading water. Driven by an shortage of attorneys around the state and severe under pay, the system is looking for new, innovative ways to stay afloat. Joining Hunter to discuss these newer data driven approaches is Brett Schandelson, Director of the State Public Defender. With so few attorneys in so much of the state, the challenges ahead of Brett and his team are immense, but the changes he is implementing just might be what saves Public Defense in Montana.
Guests: Brett Schandelson, Director, Montana Office of the State Public Defender
Resources: Office of the State Public Defender https://publicdefender.mt.gov/ Case Refusal Yellowstone County https://apnews.com/article/courts-montana-billings-5c9b515e281d4f53ca02bc4880226bf8 Broken Defense Coverage of Montana Public Defense
Contact Hunter Parnell: @PublicDefenselessPodcast @PDefenselessPod Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN
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| 164: "Why Would You Even Ask That?" The Absurdity of America's Youth Justice System w/Iliana Pujols | 15 Sep 2023 | 00:59:43 | |
What can we learn from the successes of other countries? Today, Hunter spoke with Iliana Pujols to compare and contrast the youth criminal legal system where she works in Connecticut and Norway. In particular, we discuss just how far removed from accepted international practices of youth justice, and what needs to be done to break through the American exceptionalism that stops Americans from learning from other countries.
Guests: Iliana Pujols, Policy Director at Connecticut Justice Alliance, Young Justice Leader Pathfinders for Peace, Justice and Inclusive Societies
Resources: Pathfinders Young Justice Leaders Contact Iliana Connecticut Justice Alliance Follow Iliana on Twitter
Contact Hunter Parnell: @PublicDefenselessPodcast @PDefenselessPod Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN
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| 163: Imagining Something Better than Washington's Patchwork Public Defender System w/Larry Jefferson | 14 Sep 2023 | 00:59:02 | |
As one of the many states without a unified system of Public Defense, the consistency of Public Defense and access to legal services from county to county is wildly inconsistent. Joining Hunter to speak about this justice by geography model is Larry Jefferson, Director of the Office of Public Defense. Despite the name, Larry and his office only hold limited ability to direct and assist in the delivery of Public Defense across Washington. Nonetheless, Larry has dreams of a completely different model for justice that he hopes his office can help lead the state towards.
Guests: Larry Jefferson Jr., Director, Washington Office of Public Defense, Resources: Washington OPD State v Blake https://law.justia.com/cases/washington/supreme-court/2021/96873-0.html Email Larry
Contact Hunter Parnell: @PublicDefenselessPodcast @PDefenselessPod Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN
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| 162: How the Georgia AG is using RICO to Punish Free Speech and Cop City Protesters w/Devin Franklin | 13 Sep 2023 | 00:59:52 | |
Today, Hunter is once again joined by Devin Franklin from the Southern Center for Human Rights to discuss the latest violation of civil liberties in the state of Georgia. Today, they are discussing the recent indictment levied against 61 cop city protesters. As you read over the 100+ page indictment, you will find one consistent theme: the Attorney General of Georgia is doing everything in his power to cage as many people as possible who would dare challenge the power, plans, and policy of the state of Georgia.
Guests: Devin Franklin, Movement Policy Counsel, Southern Center for Human Rights
Resources: Cop City Indictment Coverage on the Indictment YSL Indictment https://www.courthousenews.com/wp-content/uploads/2022/05/young-slime-life-indictment.pdf Intercept Coverage of the Murder of Tortugita https://theintercept.com/2023/04/20/atlanta-cop-city-protester-autopsy/ Southern Center for Human Rights https://twitter.com/southerncenter https://www.schr.org/protecting-dissent-schr-launches-first-amendment-lawyer-bridge/ Stop Cop City
Follow Devin on Twitter https://twitter.com/BrotherInLawATL
Contact Hunter Parnell: @PublicDefenselessPodcast @PDefenselessPod Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN
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| 161: The NAPD's Plan to Leverage the National Workload Study for Policy Victories w/Cydni Sanchez | 12 Sep 2023 | 01:02:35 | |
Today, Hunter spoke with President of the National Association for Public Defense's Board of Directors, Cydni Sanchez, to discuss the NAPD's plan to help Public Defenders around the country implement the new National Workload Standards. With her experience in New Mexico, Cydni is expertly situated to dissect the difficulties of making a workload study like this turn into meaningful policy victories.
Guests: Cydni Sanchez, President, Board of Directors, National Association for Public Defense, Deputy Chief Public Defender, New Mexico
Resources: Read the Full Report Here https://www.rand.org/pubs/research_reports/RRA2559-1.html New Mexico ABA report New Mexico Public Defender Website
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| 160: Unveiling the National Public Defender Workload Standards and the Strategy to Implement Them w/Stephen Hanlon | 12 Sep 2023 | 01:05:53 | |
Today, Hunter once again sat down with Stephen Hanlon to talk Public Defender Workload Studies. This time, they spoke about the brand new National Workload Standards for Public Defense that are finally out as of today! While it is extremely easy to be pessimistic about the potential for a workload study to lead to meaningful change in Public Defense, this could be a water shed moment. This report provides Public Defenders around the country with the data they need to stand up for themselves and their clients as the workload crisis rages on.
Guests: Stephen Hanlon, Public Interest Attorney
Resources: Read the Full Report Here https://www.rand.org/pubs/research_reports/RRA2559-1.html Lawyer Hanlon Stephen Hanlon Law Review Article https://www.slu.edu/law/law-journal/pdfs/issues-archive/v61-no4/stephen_hanlon_article.pdf State v Waters https://casetext.com/case/state-ex-rel-mo-pub-defender-commn-v-waters
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| 159: The Communication Breakdown Eroding Trust in the Colorado Public Defender System w/Kiyomi Bolick, Mike Kubicek, and Oliver Rose Katz | 08 Sep 2023 | 01:29:23 | |
Last year, Hunter spoke with members of the newly formed Defenders Union of Colorado (DUC) to discuss their reason for unionization and the challenges facing all employees of Colorado Public Defense. Today, Hunter is once again speaking with DUC, but this time, they discussed the complete failure of leadership to be transparent with them and how that is eroding trust between the two.
Guests: Kiyomi Bolick, Long Time Colorado Public Defender and a Founding Organizer of DUC Mike Kubicek, Investigator, Durango Office of the Public Defender Oliver Rose Katz, Administrative Assistant, Brighton Office of the Public Defender Resources: Colorado Public Defenders Raise Concern over Pay https://www.denverpost.com/2023/05/17/colorado-public-defenders-pay-petition-union-16-million/ Follow DUC on Twitter https://twitter.com/DefenderUnionCO Follow DUC on Instagram https://www.instagram.com/defenders_union_of_colorado/ Colorado Public Defender https://www.coloradodefenders.us/
Contact Hunter Parnell: @PublicDefenselessPodcast @PDefenselessPod Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN
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| 158: What is Causing the Indiana Public Defender System to Fail w/Ashley Spolarich, Deana Martin, and Joel Schumm | 07 Sep 2023 | 01:11:33 | |
When the Sixth Amendment Center came to Indiana, it left no doubt that Public Defense in the state was failing. Now seven years later, almost nothing has changed. How can that be possible? To answer that question and exploring why Indiana's Public Defender system is still failing, Hunter spoke with three Public Defenders, Ashley Spolarich, Deana Martin, and Joel Schumm, from Indiana.
Guests: Ashley Spolarich, Chief Deputy Public Defender, Montgomery County Indiana Deana Martin, Major Case/Forensic Attorney, Marion County Professor Joel Schumm, Clincal Professor, Indiana Robert McKinney School of Law
Resources: Sixth Amendment Center Report Indiana Public Defender Task Force Indiana Workload Report https://www.in.gov/publicdefender/files/The-Indiana-Project_FINAL.pdf Lawsuits in various counties in the state · Johnson County: https://www.theindianalawyer.com/articles/45762-coa-affirms-dismissal-of-johnson-county-public-defender-suit · Allen County: https://www.southbendtribune.com/story/news/crime/2016/01/06/suit-filed-against-allen-county-over-public-defender-system/46421583/ (Docket: https://clearinghouse.net/case/15792/?docket_page=2#docket) Indiana Lawyer Article on Shortage of Public Defenders Indiana Public Defender Council
Contact Hunter Parnell: @PublicDefenselessPodcast @PDefenselessPod Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN
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| 261 | The Problems with Public Defense in Florida and Georgia w/Radley Balko | 01 Aug 2024 | 01:19:26 | |
Today, Hunter spoke once again with Radley Balko, a long-time investigative journalist, to discus his most recent reporting on public defense in Florida and Georgia. As has been discussed on the show previously, both states are struggling to meet the promises of Gideon. For Florida, the state has continued to move in a "tough on crime" direction and seems fine with leaving public defense ill equipped to handle the cases. In Georgia, the lack of independence leaves the system unable to properly advocate for its needs and the needs of their clients.
Guests: Radley Balko, Investigative Journalist
Resources: Read Radley's Coverage Here https://radleybalko.substack.com/p/the-states-of-indigent-defense-part-6eb
Contact Hunter Parnell: @PublicDefenselessPodcast @PDefenselessPod Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN *As a reminder, any statements made on the show do not reflect the views or policies of the Colorado Office of the State Public Defender* | |||
| 157: The Racist History of the "Child Welfare" System w/Ieshaah Murphy | 05 Sep 2023 | 01:04:52 | |
Today, Hunter spoke with Professor Ieshaah Murphy to understand how the racist history of the "Child Welfare" should inform our understanding of that very systems today. When analyzing a system for any type of systemic bias, it is essential to understand bot the past and present of the system. If a system that claims to be race neutral, but started with a clear racial animus and continues to produce racially disparate outcomes, it is compelling evidence that its bias initial purpose may still be active to this day.
Guests: Professor Ieshaah Murphy, Assistant Professor of Law and Director of the Criminal Defense and Racial Justice Clinic, University of DC David A. Clarke School of Law Resources: Follow Professor Murphy on Twitter https://twitter.com/IeshaahMurphy Professor Murphy's Faculty Page https://law.udc.edu/ieshaah-murphy/ Fostering False Identities Book https://www.amazon.com/Fostering-False-Identity-Welfare-Systems/dp/B08TQGG3FR Torn Apart https://www.amazon.com/Torn-Apart-Destroys-Families-Abolition/dp/1541675444
Contact Hunter Parnell: @PublicDefenselessPodcast @PDefenselessPod Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN
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| 156: Death in Custody: How America Ignores the Truth and What We Can Do about It w/Jay Aronson | 01 Sep 2023 | 01:10:30 | |
How many people die in custody? Such a simple question, but no one can actually tell you the answer. Today, Hunter spoke with Professor Jay Aronson to discuss his new book Death in Custody: How America Ignores the Truth and What We Can Do about It to explore the reasons why.
Guests: Professor Jay Aronson, Professor of Science, Technology, and Society, Carnegie Mellon University
Resources: Buy the book (use code HTWN) https://www.press.jhu.edu/books/authors/jay-d-aronson-phd Professor Aronson Faculty Page https://www.cmu.edu/dietrich/history/people/faculty/aronson.html Follow Professor Aronson on Twitter https://twitter.com/jaydaronson Listen to the Official Ignorance Podcast! https://open.spotify.com/show/5n5OPnSGj3A3RYFvcJIH62?si=J65-gXWlRrWhSiaU8m7pZw
https://officialignorance.com/earl-faison-and-the-origins-of-the-official-ignorance-project/
Contact Hunter Parnell: @PublicDefenselessPodcast @PDefenselessPod Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN
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| 155: How the NY Legal Aid Created a Digital Forensics Unit to Push Back on the Power of Police and Prosecutors w/Jerome Greco | 31 Aug 2023 | 01:05:49 | |
For cops and prosecutors, the idea of not having access to their own forensic departments is almost inconceivable, but for Public Defense, that is the standard practice. Today, Hunter sat down with Jerome Greco, the supervising attorney for one of the only digital forensics unit in the country made specifically available to Public Defenders. With the rapid expansion of surveillance and digital technology in the hands of police and prosecutors, Public Defense should look to the success of Jerome and his team as a potential model to fight back.
Guests: Jerome Greco, Digital Forensics Supervising Attorney, New York Legal Aid Society
Resources:
Follow Jerome on Twitter https://twitter.com/JeromeDGreco Email Jerome Upturn NACDL 4th Amendment Center https://www.nacdl.org/Landing/FourthAmendmentCenter
Contact Hunter Parnell: @PublicDefenselessPodcast @PDefenselessPod Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN
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| 154: Putting the Genie Back in the Bottle: Why the Use and Expansion of RICO is Bad w/Martin Sabelli | 30 Aug 2023 | 01:00:11 | |
Today, Hunter is once again joined by former NACDL President Martin Sabelli to discuss the criminal charge that everyone is talking about, RICO. As with many laws on the books, RICO started out designed to target a specific group of people: leadership of the Mafia. Also like many laws on the books, it was written in such an ambiguous and wide manner that prosecutors could use it far beyond its intended purpose. Over the years, RICO has been used against targets never intended or envisioned by those who originally supported the law, and today's episode is all about understanding how that happened, why it happened, and what, if anything, we can do to try and stop the creative and expansive use of a law that infringes on the rights of people every time a prosecutor decides to be "creative" with its use of RICO.
Guests: Martin Sabelli, Former President of NACDL and longtime Federal Criminal Defense Attorney
Resources: Resources on RICO Cases 1st Amendment and RICO https://www.mtsu.edu/first-amendment/article/1237/rico-laws Issues with RICO https://sites.law.duq.edu/juris/2021/11/17/the-checkered-past-and-present-of-the-rico-act/ Fani Willis Prosecution of Teachers https://theappeal.org/atlanta-cheating-prosecutions-fani-willis-rico/ Issues with RICO https://www.independent.org/publications/TIR/article.asp?id=215 Email Martin
Contact Hunter Parnell: @PublicDefenselessPodcast @PDefenselessPod Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN
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| 153: The Coalition Fighting to End the Trial Penalty w/Martin Sabelli and Nathan Pysno | 29 Aug 2023 | 01:14:55 | |
Despite being the bedrock of our criminal legal system, "the jury trial is an exceptional rather than a commonplace outcome." Today, Hunter is joined by Martin Sabelli and Nathan Pysno to discuss somethings leading to the erosion of the jury trial. Specifically, they discuss how harsh sentences enable coercive plea bargaining and enshrine the "trial penalty". Few if any other Constitutionally protected rights lead to a person being punished for using them, but the trial penalty is nothing more than punishing people for forcing the government to prove a person committed a crime at trial.
Guests: Martin Sabelli, Former President of NACDL and Criminal Defense Attorney Nathan Pysno, Director of Economic Crime and Procedural Justice, NACDL
Resources: ABA Report on Jury Trials Disappearing https://www.americanbar.org/news/abanews/aba-news-archives/2020/12/report-jury-trials/ ABA Plea Bargaining Task Force Report https://www.americanbar.org/content/dam/aba/publications/criminaljustice/plea-bargain-tf-report.pdf NACDL Trial Penalty https://www.nacdl.org/Document/TrialPenaltySixthAmendmentRighttoTrialNearExtinct End the Trial Penalty
Contact Hunter Parnell: @PublicDefenselessPodcast @PDefenselessPod Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN
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| 152: The Political and Personal Agenda Behind Governor DeSantis' Removal of State Attorney Monique Worrell w/Andrew Darling | 25 Aug 2023 | 00:58:09 | |
In the past few weeks, Florida Governor Ron DeSantis decided to abuse his powers once again as the head of state and remove an elected State Attorney. This time, the 9th Judicial Circuit State Attorney Monique Worrell landed in Governor DeSantis' cross hairs. Today, Hunter is joined by Central Florida Criminal Defense Attorney Andrew Darling to discuss what happened. If you take the story that Governor DeSantis proclaims on face value, you could be led to believe that Worrell was a rouge prosecutor allowing crime to go unpunished. As Andrew points out however, Worrell was a moderately progressive prosecutor who's biggest deviation from the norm was wanting to pursue rehabilitation for youthful offenders, keeping low level drug offenses in diversionary programs, and a willingness to pursue cases against Police for their abuse of power.
Guests: Andrew Darling, Criminal Defense Attorney, Central Florida
Resources: Gov DeSantis' Executive Order Removing State Attorney Monique Worrell Twitter Thread Explaining the Falsities in Gov DeSantis' Claims https://twitter.com/LutherEvers/status/1689672379776073728 Warren v. DeSantis https://casetext.com/case/warren-v-desantis-1 Follow Andrew on Twitter: https://twitter.com/MrDarling4 Instagram: https://www.instagram.com/mrdarling4/ Darling Law: https://darlinglaw.com/ Orange County Court of Clerks 2023CF003924-A-O https://www.myorangeclerk.com/ Indictment of Orange County Deputy Bruce Stolk
Contact Hunter Parnell: @PublicDefenselessPodcast @PDefenselessPod Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN
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| 151: Without Trust Between Client and Counsel, Litigation is Limited w/Alexander Kostal | 24 Aug 2023 | 01:05:50 | |
Trust between Public Defenders and the communities they serve has been a long running theme of the show. The benefits of such a trusting relationship seem obvious, but today, Hunter spoke with Wisconsin Public Defender, Alexander Kostal, to discuss an extremely important outcome from a trusting attorney/client relationship: increased opportunity for litigation. In order to push back against the overreaches of police and prosecutors, cases need to be heard in an open court room, but what if the client does not trust you to take it that far? How do you earn back that trust? What can institutions in public defense do to try and make it easier for communities to trust Public Defenders? All this and more explored on today's episode!
Guests: Alexander Kostal, Assistant State Public Defender, Wisconsin Resources:
Contact Hunter Parnell: @PublicDefenselessPodcast @PDefenselessPod Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN
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| 150: To Fix Detroit Public Defense, There Must be a Fair Contract for the Neighborhood Defender Services of Detroit w/Cait De Mott Grady, Tom Molina-Duarte, Jonathan Roberts | 22 Aug 2023 | 01:36:23 | |
In back-to-back years, the Sixth Amendment Center revealed that Public Defense in Detroit was failing. Both the contract and institutional Public Defender were failing to provide competent counsel in every case. For the largest city in Michigan, the future seemed dire. Then, the Neighborhood Defender Services extended their non-profit Public Defender Model to the city, and for the first time in a long time, there was a glimmer of hope for holistic defense in Detroit. Joining Hunter to speak about the challenges, trials, and hope for a better future for Detroit Public Defense is Cait De Mott Grady, Jonathan Roberts, and Tom Molina-Durate from the NDS Detroit Union. As with most union episodes, the demands of the union are similar: better pay for core staff and meaningful restrictions on workload. Hopefully, the contract negotiations will support the struggling workers of NDS Detroit and provide a spark for the continued improvement of Public Defense in Detroit.
Guests: Cait De Mott Grady, Staff Attorney and Union Member, NDS Detroit Jonathan Roberts, Staff Attorney and Union Member, NDS Detroit Tom Molina-Duarte, Social Worker and Union Member, NDS Detroit
Resources: NDS Detroit https://neighborhooddefender.org/locations/detroit/ Sixth Amendment Center Wayne County Reports https://sixthamendment.org/wayne-county-report/ https://sixthamendment.org/wayne-county-report-2019/ Follow the Union on Twitter Follow the Union on Instagram https://www.instagram.com/ndsunion/
Contact Hunter Parnell: @PublicDefenselessPodcast @PDefenselessPod Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN
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| BONUS EPISODE: Another Not Guilty Podcast: Murder-ring The Prosecution's Theory w/David Moore and Hillary King | 21 Aug 2023 | 01:42:41 | |
Recently, Hunter was a guest host on the Another Not Guilty Podcast, and he is happy to share that episode today as a bonus show!
The Another Not Guilty Podcast details true crime's forbidden stories of the criminal system from the insiders' perspective of public defenders told with a little humor, drama, and passion for criminal justice reform. Visit them at www.anothernotguiltypod.com
In this week's episode we have Hunter Parnell from the Public Defenseless podcast as a co-host. And also our guest PD is Hillary from Salt Lake City who shares her story of walking her client out the front door on a murder charge stemming from when he was 16 years old and being in the car when the driver shot and killed someone and blamed him.
You subscribe to Another Not Guilty Podcast on
Spotify: https://open.spotify.com/episode/5TxGjq1zzMh5F6bHG8wvEE
Or Follow them on Twitter: https://twitter.com/AnotherNG_pod
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| 149: It's Time to Abolish the Legalized Theft that is Civil Forfeiture w/Dan Alban | 17 Aug 2023 | 01:17:22 | |
Sometimes referred to as Civil Asset Forfeiture, today's episode is an examination of the legalized theft that is civil forfeiture. Joining Hunter to unpack the intricacies of this topic, is Dan Alban. In his role at the Institute for Justice, Dan is one of the people at the forefront of people pushing back against the practice that flips the concept of innocent until proven guilty on its head. As you will hear on this episode, the complex legal nature of this topic masks a process that most Americans, when exposed to it, will viciously oppose.
Guests: Dan Alban, Senior Attorney at the Institute for Justice/Co-Director of the Campaign to end Forfeiture Abuse Resources: Richardson v. $20,771.00 U.S. Currency More on Richardson Case Policing for Profit Report https://ij.org/report/policing-for-profit-3/ End Forfeiture Abuse
Contact Hunter Parnell: @PublicDefenselessPodcast @PDefenselessPod Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN
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| 260 | How the Lack of Independence Weakens Federal Public Defense w/Melody Brannon | 30 Jul 2024 | 00:55:14 | |
Today, Hunter spoke with the Chief Federal Public Defender for the District of Kansas to discuss independence, or the lack thereof, for federal public defenders. Unlike many state systems, the federal system is at the mercy of the federal judiciary. As a result of this judicial oversight, the federal public defenders can be hesitant to be as vocal and aggressive in their public advocacy. Over the past year, the hiring freeze for federal public defense demonstrated the pressing need to remove the federal public defenders out from the control of the bench.
Guests: Melody Brannon, Chief Federal Public Defender, District of Kansas Resources:
Annual Federal Defenders Reports https://www.uscourts.gov/statistics-reports/defender-services-annual-report-2022 https://www.uscourts.gov/statistics-reports/defender-services-annual-report-2023 NACDL Coverage on Lack of Independence https://www.nacdl.org/Article/August2015-InsideNACDLAFundamentalFlawint 2017 REPORT OF THE AD HOC COMMITTEE TO REVIEW THE CRIMINAL JUSTICE ACT NACDL Testimony to Judicial Conference https://www.nacdl.org/getattachment/84b11595-12a0-43d9-89ed-6af4fd732d84/gerry-morris-testimony.pdf Hiring Freeze Eval of Interim Recommendations from the Cardone Report
Contact Hunter Parnell: @PublicDefenselessPodcast @PDefenselessPod Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN *As a reminder, any statements made on the show do not reflect the views or policies of the Colorado Office of the State Public Defender* | |||
| 148: Jury Nullification, Conscientious Acquittal, and the Fight To Regain Jury Independence w/Clark Neily | 15 Aug 2023 | 01:01:54 | |
Whether you call it Jury Nullification or Conscientious Acquittal, today's episode is all about the fight to reinvigorate the jury trial and the independence of the jury. Joining Hunter to discuss is Clark Neily, Senior VP for Legal Studies at the CATO Institute. Before America was even a country, the power of a jury to acquit someone of a charge they were legally guilty of because the jury disagree with the law as applied in this case was unquestioned. Over time however, prosecutors and judges pushed for and enabled the gradual erosion of the juries power. Now, more than 250 years after the founding, the jury trial is little more than a relic of the past, and even a whisper of jury independence in a court room can get jurors removed from a case. How did this happen and what can be done to reverse this trend? Find out by listening to today's episode!
Guests: Clark Neily, Senior Vice President for Legal Studies, CATO Institute Resources: Trial of John Peter Zenger https://www.ushistory.org/us/7c.asp Follow Clark on Twitter (not calling it X not even if there is a fire) https://twitter.com/conlawwarrior/with_replies CATO Jury Independence
Contact Hunter Parnell: @PublicDefenselessPodcast @PDefenselessPod Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN
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| 147: Because of its Systemic Indifference to Suffering, Oklahoma Keeps Punishing Domestic Violence Survivors w/Colleen McCarty and Leslie Briggs | 11 Aug 2023 | 01:03:12 | |
A little less than a year ago, Hunter spoke with Alexandra Bailey of the Sentencing Project to explore why states like Oklahoma so readily punish the survivors of domestic violence. Today, Hunter returns to Oklahoma to speak with Colleen McCarty and Leslie Briggs from Oklahoma Appleseed to discuss their work in trying to push back against the expansion of the carceral state in Oklahoma. In particular, this conversation centers in large part about the Wrongful Conviction of April Wilkens. With their podcast "Panic Button" Colleen, Leslie and all of Appleseed hope to expose the injustice in April's case, but also hope people realize that April is one of many women who face the power of the carceral state who are survivors of domestic violence.
Guests: Colleen McCarty, Founding Executive Director, Oklahoma Appleseed Leslie Briggs, Legal Director, Oklahoma Appleseed
Resources: Visit OK Appleseed Follow OK Appleseed on: Facebook https://www.facebook.com/OKAppleseedCenter/ Instagram https://www.instagram.com/ok_appleseed Twitter https://twitter.com/OK_Appleseed
Listen to the Panic Button Podcast https://panicbuttontheaprilwilkenscase.podbean.com/ https://podcasts.apple.com/us/podcast/panic-button/id1630829857 Oklahoma Bill to Help Domestic Violence Survivors Oklahoma School Superintendent no China in Schools
Contact Hunter Parnell: @PublicDefenselessPodcast @PDefenselessPod Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN
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| 146: The Fulton County Jail, Cop City, and the Deafening Silence of the Georgia Public Defense Council w/Devin Franklin | 10 Aug 2023 | 01:10:17 | |
In the state of Georgia, the Public Defender Counsel lacks independence from the Executive Branch. As a result, their ability to speak out on social issues is severely limited. For former Georgia Public Defender Devin Franklin, the inability to speak out against police brutality in the wake of the murder of George Floyd drove him out of a decade long career in Public Defense. For him, and for Hunter, the advocacy of a Public Defender cannot end in the four walls of the court room. Tune in to today's conversation to hear about the Fulton County Jail, Cop City, and what the Public Defender Council of Georgia should be doing to call out these injustices
Guests: Devin Franklin, Movement Policy Counsel, Southern Center for Human Rights Resources: Southern Center for Human Rights Follow Devin on Twitter https://twitter.com/BrotherInLawATL Timeline of Cop City https://scalawagmagazine.org/2023/05/cop-city-atlanta-history-timeline/ Autopsy of activist, Manuel Paez Teran , killed at Cop City https://www.cbsnews.com/news/atlanta-cop-city-manuel-paez-teran-autopsy/ DOJ investigates Fulton County Jail https://www.fox5atlanta.com/news/doj-investigation-fulton-county-jail-inmate-death-other-reports Deaths in Fulton County Jail https://theappeal.org/fulton-county-jail-deaths-spiked-2022-pad-funding/ Inside Fulton County Jail
Register for the SCHR Pain and Power: Confronting Police Violence in Atlanta Seminar August 19th at The King Center 449 Auburn Avenue Northeast Atlanta, GA 30312
Contact Hunter Parnell: @PublicDefenselessPodcast @PDefenselessPod Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN
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| 145: What Led to the Unionization of Maryland Public Defense w/Edie Fortuna and Jose Teneza | 08 Aug 2023 | 01:24:53 | |
Crushing workloads. High Turnover Rates. Low Pay. This is not the first time these topics have been brought up on the show, but today, Hunter spoke with two Maryland Public Defenders, Edie Fortuna and Jose Teneza, to discuss how those factors drove the Public Defenders to unionize.
Guests: Edie Fortuna, Assistant Public Defender, Maryland Jose Teneza, Assistant Public Defender, Maryland
Resources: Prepare Parole Maryland Maryland Public Defender Annual Reports https://msa.maryland.gov/msa/mdmanual/25ind/html/61pubdr.html 2005 National Center for State Courts Workload Report https://silo.tips/download/maryland-attorney-and-staff-workload-assessment-2005 Listen to Jose's Podcast https://podcasts.apple.com/us/podcast/watch-skip/id1640540726
Contact Hunter Parnell: @PublicDefenselessPodcast @PDefenselessPod Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN
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| 144: The Campaign to Close Rikers Island w/Richard Willstatter and Stan German | 04 Aug 2023 | 01:05:16 | |
Today, Hunter spoke with two New York Criminal Defense Attorneys, Richard Willstatter and Stan Germán, to discuss the crisis at Rikers Island. For more than a decade, there has been a class action lawsuit against the city because of the inhumane conditions in the jails. Sadly, the calls for closure, reform, or receivership have continuously fallen on deaf ears. As a result, the death toll in Riker's is reaching record highs. While there may be good news coming in the near term as people with power finally decide to act, it cannot be forgotten that with every passing day, the lives of every person in the jail are at risk.
Guests: Richard Willstatter, Partner, Law Offices of Green and Willstatter Stan Germán, Executive Director, New York County Defender Services
Resources: NY Times Death Tracker at Rikers https://www.nytimes.com/article/rikers-deaths-jail.html Federal Prosecutor Urges Takeover of Rikers Island https://www.nytimes.com/2023/07/17/nyregion/rikers-island-federal-takeover.html NYCDS Timeline of Events at Rikers https://www.cityandstateny.com/politics/2023/07/timeline-closure-rikers-island/376662/
Contact Hunter Parnell: @PublicDefenselessPodcast @PDefenselessPod Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN
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| 143: The Never Ending Torture of Abd al-Rahim al-Nashiri at Guantanamo Bay w/Annie Morgan | 03 Aug 2023 | 00:59:08 | |
Today, Hunter is joined by Annie Morgan, a Criminal Defense Appeals Attorney with the Guantanamo Bay Military Commission Defense Organization, to continue to the story of Guantanamo Bay where John Baker left off. Once John had the defenders responsible for the al-Nashiri case move off, Annie Morgan and a new team of defenders tried to pick up the pieces. On today's episode, we dive deeper in the war on terror, the legacy of the attack on the USS Cole, and what the never ending torture of al-Nashiri should mean to the every single American whose name it was done in.
Guests: Annie Morgan, Criminal Defense Appeals Attorney, Military Commissions Defense Organization, Guantanamo Bay
Resources: Bombing of the USS Cole https://www.cnn.com/2013/09/18/world/meast/uss-cole-bombing-fast-facts/index.html 1998 Kenyan Embassy Bombings https://www.state.gov/23rd-commemoration-of-the-august-7th-u-s-embassy-bombings/ Clinton Response to Embassy Bombings Carol Rosenberg Writings on GITMO https://www.nytimes.com/by/carol-rosenberg Follow Carol on Twitter https://twitter.com/carolrosenberg?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor Follow GITMO Watch on Twitter https://twitter.com/GitmoWatch?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor
Contact Hunter Parnell: @PublicDefenselessPodcast @PDefenselessPod Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN
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| 142: The Fight for Human Rights at Guantanamo Bay w/John Baker | 01 Aug 2023 | 01:02:42 | |
Today, Hunter kicks off this week's theme of Guantanamo Bay coverage by speaking with BGen (Ret) John Baker. When John Baker took over as the lead defense counsel for the Military Commission Defense Organization at Guantanamo Bay, he could not imagine the abuse of power that he would go up against. From FBI informants being planted on the defense team, to classified surveillance of the conversations between defense counsel and client, and the brutal, nearly relentless torture of the detainees, John saw it all. Even with potential confinement looming over his head, John never stopped fighting for the rights of his clients.
Guests: BGen (Ret) John Baker, Chief Public Defender of the Federal District of Western North Carolina
Resources: John Baker Testimony to Senate Judiciary https://www.judiciary.senate.gov/imo/media/doc/Baker%20Testimony2.pdf Guantánamo hearings halted amid accusations of FBI spying on legal team https://www.theguardian.com/world/2014/apr/14/guantanamo-bay-hearing-halted-fbi-spying John Baker Confinement Story https://www.politico.com/story/2017/11/03/john-baker-released-guantanamo-dispute-244523 Carol Rosenberg Writings on GITMO https://www.nytimes.com/by/carol-rosenberg Follow Carol on Twitter https://twitter.com/carolrosenberg?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor Follow John on Twitter https://twitter.com/jgbaker1806?lang=en Follow GITMO Watch on Twitter https://twitter.com/GitmoWatch?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor Baker v Spath https://casetext.com/case/brigadier-gen-john-g-baker-us-marine-corps-v-spath UN Report on GTMO
More from Nashiri Case
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| 141: The Horrifying Surveillance Tech Coming to a Neighborhood Near You w/Dhruv Mehrotra | 28 Jul 2023 | 00:47:55 | |
With every passing day, a new technology becomes available for police, prosecutors and the state to further side step the Fourth Amendment. On today's show, Hunter sat down with Dhruv Mehrotra, staff writer for Wired Magazine, to discuss the latest horrifying surveillance tech coming to a jurisdiction near you. Covenant Eyes started out as a way for couples and churches to "help" people fight they perceived to be an addiction to porn, but from the very beginning the obvious potential for abuse was on full display. Join Hunter and Dhruv as they unpack the story of how an entire family came under surveillance of the state merely because of an allegation. Guests: Dhruv Mehrotra, Staff Writer, Wired Magazine Resources: Check out all of Dhruv's work here: https://www.wired.com/author/dhruv-mehrotra/ Covenant Eyes writing https://www.wired.com/story/anti-porn-covenant-eyes-bond-revoked/ https://www.wired.com/story/covenant-eyes-anti-porn-accountability-monitoring-apps/
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| 140: How to Use the Appellate System to Push Back on the Family Policing System w/Annick Lenoir-Peek | 27 Jul 2023 | 01:08:41 | |
Continuing this weeks coverage of the family policing system, Hunter was joined by Annick Lenoir-Peek, a North Carolina Deputy Parent Defender. Just like Tuesday's episode with Josh, Annick walks us through the hypocrisy inherent to the family policing system, but Annick also demonstrates a practical way for attorneys at any level to push back. By zealously bringing cases through the appellate system, Annick hopes she can continue to secure major victories for her clients in North Carolina and around the country.
Guests: Annick Lenoir-Peek, North Carolina Deputy Parent Defender
Resources: Jones v Hendrix https://www.scotusblog.com/case-files/cases/jones-v-hendrix/ NCIDS.org Contact Annick annick.i.lenoir.peek@nccourts.org
Contact Hunter Parnell: @PublicDefenselessPodcast @PDefenselessPod Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN
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| 139: The Race and Class Dynamics Haunting the Connecticut Family Policing System w/Josh Michtom | 25 Jul 2023 | 01:08:56 | |
Today's episode kicks off these weeks focus on the family welfare system aka the family policing system. Hunter sat down with Josh Michtom, a senior assistant public defender in Juvenile representation. Despite the title, Josh primarily represents parents as the state attempts to take their children away. As with so much of our criminal legal system, the contours of the family policing system in Connecticut cannot be understood without first understanding the many racial, class, and gender based biased baked into it.
Guests: Josh Michtom, Senior Assistant Public Defender in Juvenile representation, Connecticut
Resources: Josh's Article: A Call to Action for Parents' Lawyers in the Family Regulation System: Bearing Witness as Praxis and Practice in the Face of Structural Injustice https://brooklynworks.brooklaw.edu/jlp/vol31/iss2/3/ McKeiver v Pennsylvania https://www.oyez.org/cases/1970/322 Follow Josh on Twitter
Contact Hunter Parnell: @PublicDefenselessPodcast @PDefenselessPod Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN
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| 259 | How the Threat of a Strike got Minnesota's Public Defenders a 25% Raise w/Bob Kolstad and Veronica Surges | 25 Jul 2024 | 01:12:12 | |
Today, Hunter spoke once again w/Bob Kolstad and for the first time Veronica Surges. Both are public defenders in the state of Minnesota, and they joined the show to discuss how the organized a strike authorization and how that threat of a strike helped them secure the largest pay raises in the history of Minnesota Public Defense.
Guests: Bob Kolstad, Public Defender, Hennepin County, Minnesota Veronica Surges, Public Defender, 6th District, Minnesota
Resources:
Contact Bob Read About the Strike Threat and It's Results
Contact Hunter Parnell: @PublicDefenselessPodcast @PDefenselessPod Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN *As a reminder, any statements made on the show do not reflect the views or policies of the Colorado Office of the State Public Defender* | |||
| 138: The Driving Force Behind the Growth of Santa Barbara Public Defense w/Deepak Budwani | 20 Jul 2023 | 01:17:36 | |
Today, Hunter spoke with Deepak Budwani, the Chief Financial and Administrative Officer of the Santa Barbara Public Defender Office to discuss how he was able to grow the office 80% in just five years. Long time listeners of the show will know the emphasis on data collection and data analysis, and Deepak is the model for why those things are a must for public defense. In just under 90 days, Deepak helped open a new PD office in Idaho, and by taking the mindset from his time in the public sector, Deepak quickly grew that office by 50% in just three years. None of these massive success stories could have been possible if Deepak didn't understand the importance of creating and utilizing systems and processes that could capture the data he needed to make meaningful budget requests!
Guests: Deepak Budwani, Chief Financial and Administrative Officer, Santa Barbara Public Defense Resources: Contact Deepak https://www.linkedin.com/in/deepak-budwani-57827042 Santa Barbara Public Defender https://www.countyofsb.org/187/Public-Defender
Contact Hunter Parnell: @PublicDefenselessPodcast @PDefenselessPod Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN
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| 137: How the Civil Rights Corps is Uncovering and Challenging Prosecutorial Misconduct w/Peter Santina | 18 Jul 2023 | 00:56:23 | |
Today, Hunter spoke with Civil Rights Corps' Attorney Peter Santina to discuss their efforts in uncovering and challenging prosecutorial misconduct. From Alleghany County to San Francisco County, Peter and his team are those leading the charge in revealing the negligence, maleficence, and misconduct of prosecutors around the country. This episode, however, does offer a reminder that all of their actions are enabled by judges, politicians, and legal ethics bodies that sit by and do nothing to hold prosecutors accountable for their actions.
Guests: Peter Santina, Managing Attorney of the Prosecutorial Accountability Project, Civil Rights Corps
Resources: To do something about this, and raise awareness of this continuing racial discrimination, CRC worked with our AccountabilityNY professor partners to prepare and file 10 complaints against prosecutors alleging court findings of racial or religious discrimination. CRC also publicized the fact that an attorney for the NYPD union had once been a prosecutor who used a handwritten guide of racist and sexist tropes to select juries, leading to three reversals. Journalists at the Gothamist, The City, Queens Daily Eagle, and Davis Vanguard each wrote original stories about the discrimination complaints. CRC attorney Bina Ahmad appeared on WBAI radio and WNYC radio with Dexter Murray, a man personally victimized by this form of discrimination. Mr. Murray's powerful op-ed ran in the NY Daily News.
In San Francisco, nearly 1,000 people are past their last day for speedy trial, over 100 of whom are incarcerated, awaiting an unknown trial date. In a particular pending case, the San Francisco Public Defender's Office asked the California Supreme Court to intervene and restore people's speedy trial rights. In support of this petition, CRC filed an amicus brief to explain to the justices how the denial of speedy trial rights turns an already-flawed system of plea bargaining into a system of plea begging and unfairly extends the already-oppressive conditions of pretrial detention. CRC await the California Supreme Court's decision.
The prosecutor's choice to pursue or dismiss charges is one of their greatest powers and is ripe for abuse. As over 90 percent of criminal cases resolve by plea bargain, recent reports have exposed the troubling lack of transparency and oversight in this plea bargain system (2020 Vera Institute Report) and that innocent people plead guilty to crimes they did not commit (2023 American Bar Association Task Force Report).
In March 2023, the longtime Allegheny County District Attorney, Stephen Zappala, was in a contentious primary battle for reelection against the Chief Public Defender, who was also running for District Attorney. It was reported that after Zappala did not secure the Democratic Committee's nomination, a supervisor in his office gave line prosecutors instructions that referenced the election. In the following days, two prosecutors were reported to refused to dismiss weak charges, and each prosecutor cited the election—and Zappala's endorsement loss—in their explanation. CRC worked with two legendary professors, David Rudovsky (Penn Carey School of Law) and Jules Lobel (University of Pittsburgh School of Law), to prepare and file an ethics complaint with the Disciplinary Board of the Supreme Court of Pennsylvania against Zappala. We included a 2021 incident where Zappala ordered his prosecutors to not offer any plea bargain to clients of a Black defense attorney who had criticized his office. A journalist at the PGH City Paper wrote about the complaint, interviewing Peter.
Civil Rights Corps
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| 136: If You Cannot Afford an Attorney, One Will not Be Appointed to You w/ Dr. Andrew Davies, Dr. Victoria Smiegocki, and Shelby Sirivore | 13 Jul 2023 | 01:14:32 | |
On previous episodes, we have talked about the importance of data collection and collaboration with outside organizations to turn that data into meaningful talking points for policy change. On today's show, Hunter was joined by three amazing data scientists from SMU's Deason Center, Dr. Andrew Davies, Dr. Victoria Smiegocki, and Shelby Sirivore, to discuss some of their interesting data analysis on Public Defense in Texas. From appointment rates to the impacts of having a institutional public defense, today's guests offer us a glimpse into the insights every state could glean if it only collected the data necessary for people like Andy, Victoria, and Shelby the chance to analyze it.
Guests: Dr. Andrew Davies, Research Director, SMU Deason Criminal Justice Reform Center Dr. Victoria Smiegocki, Assistant Research Director, SMU Deason Criminal Justice Reform Center Shelby Sirivore, Research Project Coordinator
Resources: SMU Deason Center https://www.smu.edu/Law/Centers-and-Initiatives/Deason-Center Texas Eligibility Standards https://scholar.smu.edu/deasoncenter/8/ Rural Representation in Texas https://digitalcommons.mainelaw.maine.edu/mlr/vol71/iss2/5/ Qualities of Public Defender Leader https://smu.box.com/s/x0gjpz6py3wwcvlcdcxc8omnma55n7bd
Contact Hunter Parnell: @PublicDefenselessPodcast @PDefenselessPod Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN
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