Getting Off

Done talking about jury selection now! On to....why a victim might not testify, opening statements, and the like.

In this episode, Jessa and Nick take turns yelling into the void. In the first half, Nick continues to be psychologically tortured by the second change of venue question that prioritises convenience over The Constitution. He then passes the soapbox to Jessa, who careens off track to yell about the bad apple argument, cops, and protesters. 

Jessa and Nick continue analyzing the state prosecution of the police charged with beating Rodney King. They break down why the Court of Appeal issued an order to the trial court that said the legalese equivalent of ‘Why did you say that?’, Jessa makes “Jessa's Law” (and the controversial switch from wine to White Claw), and Nick freaks out about the lack of criteria for venue changes.

Rare appeals and political turmoil! 

It's a timeline, y'all.  Of one of the most infamous cases of the 20th century. 

Jessa is joined by friend of the show Attorney Adam Nero of Nelson Defense Group.  Adam is an excellent drunk driving defense lawyer and all-around good guy, and he helped take the subject away from murder and rape for once. 

Jessa and Nick are joined by the host of Slate's Hi-Phi Nation to discuss philosophical issues surrounding the criminal justice system. 

What is Breonna's Law and will it make a difference?  Why were the attempted homicide charges originally filed against her boyfriend dismissed? Listen here and find out.

It's February 2nd 1922, and all of Hollywood is about to wake up and learn that William Desmond Taylor, the most famous film director in town, was murdered in his home last night. The investigation will shine a light on some of Hollywood's most scandalous affairs, backroom deals, and underground drug dens. This real life Murder Mystery is one of the most iconic "whodunnit" cases of the 20th century that will leave you guessing and second guessing who killed William Desmond Taylor for weeks to come. Listen today at wondery.fm/gettingoffMiH (http://wondery.fm/conspiratorsMiH)

The one where Jessa is pissed off. 

Is social media shaming a good thing? Does it function similarly to the way the criminal justice system does, or is it a whole different animal?  Jessa and Nick get philosophical. 

We are deviating from scheduled programming to discuss current events because we believe you cannot have a pulse, work in the criminal justice system, and not respond to what's happening in our country.  Get involved.  www.gofundme.com/f/georgefloyd https://unicornriot.ninja/ https://minnesotafreedomfund.org/ https://www.joincampaignzero.org/

Nick and Jessa talk about a viral video that highlights some of the potential problems with Marsy's Law.

Jessa and Nick talk about the now-constitutionally mandated Marsy's Law in Wisconsin. 

Nick and Jessa get an incredible opporunity to talk to death row inmate Terry Robinson and journalist Tessie Castillo about their new book, Crimson Letters: Voices From Death Row.  It's available on amazon.com and there's a link on the www.gettingoffpod.com website to purchase. 

Jessa and Nick wrap up the conversation about the criminalization of potential HIV spread. 

Jessa and Nick talk facts.  Also, we were named one of the top ten criminal defense podcasts. Check the rest of the list out here! https://blog.feedspot.com/criminal_defense_podcasts/

It's so topical, guys!  Let's talk about what happens when we line up public health crises and the law!

Nick and Jessa talk about how criminal law bizarrely dictates the discussion around some judicial elections, how it was that most states postponed their primaries but Wisconsin's happened with in-person voting, and more from quarantine life. 

Jessa and Nick are social distancing and recording, which has led to arguably the worst audio they've ever produced.  (Which all of you know is really saying something.)  We rushed to post this because we missed last week and did not send it to our editor.  If it's intolerable, let us know and we'll pull it and have it edited and put it back up.  We think it's a fun conversation about appeals, competency, and how courts define words, though.  

Jessa and Nick had technical difficulties due to the ongoing social distancing orders, so she is joined by Paisley, their associate attorney, to discuss the legal standards applied to determining if a defendant can represent themselves and what role standby counsel plays in trials with pro se defendants.

Nick and Jessa are back to finally tackle the "People's Choice" case voted for on Facebook...like three months later. Oops. They're going all the way back to the early 90's in Texas. Part 1 introduces the case of Scott Panetti, a man with a lengthy and well-documented history of mental illness, who was charged with capital offenses. They also break down the differences between NGI and competency. Thanks to Smithsonian Channel Plus, a new sponsor!

So Nick seems to have the corona virus, or something similar.  We'll be back to regularly scheduled programming next week.  In the meantime, here's an interview between Jessa and film makers about an interesting true crime case. 

Jessa and Nick are joined by the hosts of Queer All Year -- a daily podcast that covers information of note to the LGBT community, both current events and historical data.  Cat had some questions about the now-defunct South Dakota bill that would ban the use of puberty blockers and/or HRT treatment for trans children.  Pop over to the Queer All Year feed to hear the first part of the discussion and finish up with this episode, where we talk about how a class becomes subject to protection under the 14th amendment. 

Apologies & aftermath post-dismissal of the Bryant case. 

Spoiler alert: the case was dismissed at the 11th hour.  Find out why by listening. 

We're going to stick with the offensive pun in the title while we talk about pretrial issues and the media coverage of the Bryant case.  Oh, and Jessa gets mad about stuff.  You know, like usual. 

Yeah, we made a wordplay joke in the subject line.  About a rape case.  Because we're garbage people.  Let's talk about Kobe Bryant, y'all. 

Nick and Jessa conclude their discussion of the Johnson case (at least until the state supreme court rules!)

Well, it's gonna start to get weird now.  By the way, if anyone wants to write episode notes that actually describe things for us, email us at gettingoffpod@gmail.com.  Otherwise, you'll be getting Jessa's sarcastic one liners. 

We're about to get really geeky, law-wise.  Buckle up for the first part of the Lamar Johnson case.

So, if the prosecution decides a case was wrongfully decided, that ends the conversation, right?  Not so much...check out our explainer of CIUs and the intro to our next deep dive. 

We got a case suggestion out of Kansas that made us think more about the problem of wrongful convictions and accountability. 

This is a policy deep dive request regarding the history of the juvenile justice system.

After an unexpected hiatus, Nick and Jessa are back to conclude the Bembenek saga. 

Jessa and Nick talk about the conclusions of the John Doe investigation relating to the conduct of law enforcement regarding the investigation of Laurie Bembenek's case, and why things that might appall lay people actually make a lot of sense within the confines of The System. 

Ufdah.  There's a lot going on here. 

Nick and Jessa discuss why some defense attorneys don't like Marsy's Law, and some ways that maybe they...should?  Shout out to Lexi, our new audio editor.  If you can tell a difference, tweet, facebook, instagram, email, or otherwise let us know that it makes the quality better! 

What is Marsy's Law and who does it protect?  Jessa and Nick discuss the broad campaign to expand Victim's Rights, and what the law looks like. 

Is "implied malice" the Goldilocks of murder mens rea? How can statutory construction lead to such a mess? Nick and Jessa finish up discussing the Knoller case. 

A Halloween treat for the GOTeam with an exclusive preview of a new podcast we're sure you'll love! Audioboom presents: What Makes a Killer. Listen to new episodes of What Makes a Killer for a look into the life and crimes of the world’s most infamous serial killers. Featuring interviews with family members, forensic experts, law enforcement, and witnesses. What Makes a Killer premieres 10/31. Subscribe to What Makes a Killer on Apple Podcasts: https://podcasts.apple.com/us/podcast/what-makes-a-killer/id1483611909

Jessa and Nick introduce the case about the death of Dianne Whipple and talk about creative prosecutions. 

We're talking cases of first impression and questions about floor mats, castle law, and jury instructions! Let's get into it!

Jessa and Nick -- hot off the presses -- open up the discussion about off-duty officer Amber Guyger's homicide trial & sentencing.  Shout out to Lisa Strawn for a major assist on our audio.  Lisa is the genius behind the True Crime Podcast Festival -- check out https://tcpf2019.com/ for more info. We'll be live there next summer!

A friend of the show has invaded our feed to share what we believe will be interesting to our listeners -- a spirited discussion by smart people who disagree about something.  Check out the Challenging Opinions podcast for regular logical/intellectual/political/philosophical duels between thoughtful, nuanced narrators that respect each other but do not agree. 

Clemency, forgiveness, and juvenile justice. 

Nick and Jessa talk about executive clemency in the context of the Montanez case. 

Jessa and Nick continue talking about what the hell a "youth officer" does. 

Nick and Jessa get down and dirty with the motion to suppress Jacqueline's confession and the (somewhat bizarre) statutory requirements that gave rise to the motion.  Shout out to lawyer-listener Haley Madel, who helped us sort through Illinois law on super short notice!

Jessa and Nick are back to issue spot and introduce a patron requested deep dive. 

Nick and Jessa discuss the recent California appellate (APP-EL-at?!?!) decision overturning Garcia-Zarate's sole state court conviction, possession of a firearm by a felon.