Podcasts about Criminal law

Criminal Law Department Presents

Play Episode Listen Later May 7, 2025 7:57

Rachel Barkow is the Charles Seligson Professor of Law at NYU School of Law and the Faculty Director of the Zimroth Center on the Administration of Criminal Law at NYU. From 2013 to 2019, she served as a Member of the United States Sentencing Commission. From 2010 to 2020, she was a member of the Manhattan District Attorney's Office Conviction Integrity Policy Advisory Panel and co-chaired Manhattan District Attorney Alvin Bragg's transition committee on police accountability in 2021. She is also amongst the most cited legal scholars of all time. For a transcript of Rachel's note and the full archive of contributor notes, head to CAFE.com. Learn more about your ad choices. Visit podcastchoices.com/adchoices

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Criminal Law Department Presents – CAAF Chats Ep 53: United States v. Valentin-Andino (C.A.A.F. 2025)

Play Episode Listen Later May 7, 2025 20:40

CAAF Chats is back! This week we examine what meaningful relief looks like during appellate review, and whether meaningful relief is even required. CAAF continues its trend of interpreting statutory changes to the UCMJ. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General's Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).

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310: Listen and Learn -- Accomplice Liability (Criminal Law)

The Bar Exam Toolbox Podcast: Pass the Bar Exam with Less Stress

Play Episode Listen Later May 5, 2025 19:06 Transcription Available

Welcome back to the Bar Exam Toolbox podcast! Today we're focusing on another topic from Criminal Law -- namely, accomplice liability. We're covering the three elements of establishing accomplice liability, situations where accomplice liability doesn't apply, and what defenses a person charged as an accomplice can assert. We also apply these concepts to several hypothetical scenarios. In this episode, we discuss: Elements of accomplice liability Exceptions and defenses to accomplice liability Analysis of three criminal law hypotheticals Resources: "Listen and Learn" series (https://barexamtoolbox.com/bar-exam-toolbox-podcast-archive-by-topic/bar-exam-toolbox-podcast-explaining-individual-mee-and-california-bar-essay-questions/#listen-learn) Podcast Episode 70: Tackling a California Bar Exam Essay: Criminal Law and Procedure (https://barexamtoolbox.com/podcast-episode-70-tackling-a-california-bar-exam-essay-criminal-law-and-procedure/) Download the Transcript (https://barexamtoolbox.com/episode-310-listen-and-learn-accomplice-liability-criminal-law/) If you enjoy the podcast, we'd love a nice review and/or rating on Apple Podcasts (https://itunes.apple.com/us/podcast/bar-exam-toolbox-podcast-pass-bar-exam-less-stress/id1370651486) or your favorite listening app. And feel free to reach out to us directly. You can always reach us via the contact form on the Bar Exam Toolbox website (https://barexamtoolbox.com/contact-us/). Finally, if you don't want to miss anything, you can sign up for podcast updates (https://barexamtoolbox.com/get-bar-exam-toolbox-podcast-updates/)! Thanks for listening! Alison & Lee

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309: Listen and Learn -- Felony Murder and Causation (Criminal Law)

The Bar Exam Toolbox Podcast: Pass the Bar Exam with Less Stress

Play Episode Listen Later Apr 28, 2025 19:30 Transcription Available

Welcome back to the Bar Exam Toolbox podcast! Today we're exploring some complex aspects of criminal law that frequently appear on exams -- the felony murder rule and causation in homicide cases. We have included an analysis of two hypothetical scenarios to illustrate these legal principles. In this episode, we discuss: Review of the felony murder rule Which felonies are considered inherently dangerous? The death of a co-felon rule Causation in homicide cases, and when is the chain of causation broken? Analysis of two hypothetical criminal law scenarios Resources: "Listen and Learn" series (https://barexamtoolbox.com/bar-exam-toolbox-podcast-archive-by-topic/bar-exam-toolbox-podcast-explaining-individual-mee-and-california-bar-essay-questions/#listen-learn) Podcast Episode 87: Listen and Learn – Homicide (https://barexamtoolbox.com/podcast-episode-87-listen-and-learn-homicide/) Download the Transcript (https://barexamtoolbox.com/episode-309-listen-and-learn-felony-murder-and-causation-criminal-law/) If you enjoy the podcast, we'd love a nice review and/or rating on Apple Podcasts (https://itunes.apple.com/us/podcast/bar-exam-toolbox-podcast-pass-bar-exam-less-stress/id1370651486) or your favorite listening app. And feel free to reach out to us directly. You can always reach us via the contact form on the Bar Exam Toolbox website (https://barexamtoolbox.com/contact-us/). Finally, if you don't want to miss anything, you can sign up for podcast updates (https://barexamtoolbox.com/get-bar-exam-toolbox-podcast-updates/)! Thanks for listening! Alison & Lee

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Principles of Criminal Liability (Criminal Law Summary)

Play Episode Listen Later Apr 27, 2025 38:51

Elements of a Crime: A crime generally has two components: the actus reus, the physical or external part, and the mens rea, the mental or internal feature. The actus reus generally includes a voluntary act that causes social harm. Causation links the voluntary act to the social harm. The requirement of a voluntary act is generally an implicit element of criminal statutes supported by common law. In exceptional cases, an omission (failure to act when there is a legal duty) can serve as the basis for criminal responsibility. A duty to act can arise from common law, statute, or contract. Most human acts are considered voluntary, with involuntary acts including reflexive actions, spasms, seizures, and movements during unconsciousness or sleep.Mens rea refers to criminal intent or a "guilty mind". It is the state of mind statutorily required to convict a defendant of a particular crime. The prosecution typically must prove mens rea beyond a reasonable doubt. The Model Penal Code (MPC) categorizes culpable mental states into four levels: purposely, knowingly, recklessly, and negligently.Concurrence (or contemporaneity) is the need to prove that the actus reus and mens rea occurred simultaneously, except in strict liability crimes. The single transaction principle allows a sequence of inevitably linked events to be viewed as one transaction, where mens rea formed at any point during the sequence can suffice.Classification of Crimes: Crimes can be classified in several ways, most commonly as felonies (punishable by death or imprisonment for more than one year) and misdemeanors (lesser offenses usually punishable by a fine or incarceration for less than one year). Crimes are also categorized as inchoate offenses and strict liability offenses. At common law, there were nine major felonies and various misdemeanors.Inchoate Offenses: Inchoate offenses (attempt, solicitation, and conspiracy) involve steps taken toward committing another crime, even if the final harmful result does not occur. Attempt involves preparatory conduct that comes dangerously close to success (common law proximity test) or constitutes a substantial step strongly corroborative of criminal purpose (MPC substantial step test). Solicitation occurs when one intentionally entices another to commit a crime. Conspiracy is an agreement between two or more persons to commit an unlawful act, coupled with an overt act in furtherance of the agreement. The Pinkerton doctrine can hold a conspirator liable for foreseeable crimes committed by co-conspirators. The merger doctrine often prevents conviction for both an attempt or solicitation and the completed offense, but conspiracy typically does not merge. Renunciation or withdrawal may be a defense to inchoate offenses in some jurisdictions.Specific Crimes: Homicide is the unlawful killing of a human being, categorized into murder, manslaughter, and sometimes criminally negligent homicide. Murder is typically defined as unlawful killing with malice aforethought. US law for murder varies by jurisdiction, often with degrees of murder (first, second, sometimes third) and different classifications in the Model Penal Code (purposely/knowingly, reckless, negligent). Property crimes include larceny, embezzlement, false pretenses, robbery, burglary, and arson, each involving different ways property rights are violated.Defenses to Criminal Liability: Defenses are broadly divided into justifications (admitting actus reus and mens rea but claiming the act was legally permissible) and excuses (conceding the act was wrongful but arguing the actor should not be held criminally responsible). Justification defenses include self-defense, defense of others, defense of property, necessity, and law enforcement privilege. Excuse defenses include insanity, intoxication, duress, entrapment, and mistake.The insanity defense concerns the defendant's state of mind, potentially negating mens rea, with various legal tests like the M'Naghten Rule, Durh

Criminal Law – Lecture Three: Defenses to Criminal Liability (Part 3 of 3) (Part 2)

Play Episode Listen Later Apr 26, 2025 21:03

A justification defense claims that the defendant's conduct was lawful under the circumstances, while an excuse defense concedes the wrongfulness of the act but argues the defendant should not be held criminally responsible. An example of justification is self-defense; an example of excuse is insanity.The core elements of self-defense include an actual and reasonable belief that the use of force was necessary to prevent the imminent use of unlawful force by another. Deadly force is permissible only when the defendant reasonably believes they are facing an imminent threat of death or serious bodily injury.The majority rule (and the Model Penal Code approach) does not require retreat before using deadly force unless the defendant knows they can avoid the threat with complete safety. The minority rule, or "stand your ground" rule, permits individuals to meet deadly force with deadly force, even if retreat is safely possible, as long as they are in a place where they have a legal right to be.The defense of necessity allows a defendant to commit a crime to avoid a greater imminent harm when no adequate legal alternative is available. Two key limitations are that the defense is generally not available if the defendant caused the situation and is typically not a defense to homicide.The M'Naghten Rule states that a defendant is not guilty by reason of insanity if, due to a mental disease or defect, they did not know the nature and quality of their act, or if they did know it, they did not know it was wrong. The central focus of this test is the defendant's cognitive understanding of their actions and their wrongfulness.Voluntary intoxication, the result of the defendant's intentional consumption of intoxicants, may negate the specific intent required for certain crimes. Involuntary intoxication, which occurs through coercion, fraud, or mistake, is treated more like insanity and may be a defense to any crime if it negates the necessary mental state.Duress can be a valid defense if the defendant committed a crime under the threat of imminent death or serious bodily injury to themselves or others, the threat would overcome the will of a person of ordinary firmness, and there was no reasonable opportunity to escape. It is generally not a defense to homicide.The subjective test for entrapment focuses on the predisposition of the defendant to commit the crime. If the defendant was already inclined to commit the crime and the government merely provided an opportunity, the defense of entrapment will likely fail, regardless of the government's conduct.The general rule is that mistake of law is not a defense; ignorance of the law is no excuse. One recognized exception is when the defendant reasonably relied on an official interpretation of the law by a public official responsible for interpreting or enforcing that law (entrapment by estoppel).Due process guarantees fundamental fairness in the criminal process, which includes the right of a defendant to present a defense. This means defendants must have the opportunity to introduce evidence, challenge the prosecution's case, and have their defenses properly considered by the court and jury.

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Matthew Brickman & Tad A. Nelson Talks Retirement Plans from Mediation - There Isn't One

Mediate This!

Play Episode Listen Later Apr 25, 2025 36:13 Transcription Available

Matthew Brickman speaks with Lawyer and Forensic Scientist Tad A. Nelson on MediateThis! to discuss retirement plans from mediation - there isn't one. With over 400 jury trials under his belt, Board Certified in Criminal Law by the Texas Board of Legal Specialization for 30 years, and recognized as a Super Lawyer over 10 consecutive years, Tad Nelson is a force to be reckoned with in the courtroom. His reputation for aggressive representation, combined with an unparalleled level of expertise, has made him the go-to criminal defense attorney in Galveston County and beyond. Former Assistant District AttorneyBoard Certified® in 1996Certified SFST InstructorCertified in the DRE ProtocolTad has not only mastered the law—he has mastered the science behind it. Achieving the prestigious Lawyer-Scientist designation from the American Chemical Society, he further solidified his expertise by pursuing a Master's in Forensic Toxicology from the University of Florida. This deep understanding of forensic science gives him a cutting edge in cases involving DWI, drug charges, sexual assaults and other forensic-heavy criminal matters.Beyond his scientific acumen, Tad has earned the highest possible AV rating from Martindale-Hubbell, an honor recognizing both legal skill and ethical integrity. His aggressive nature, wicked courtroom skills, and commitment to justice make him a wrecking ball when it comes to defending the rights of his clients.Website: https://tadlaw.com If you have a matter, disagreement, or dispute you need professional help with then visit iMediate.com - Email mbrickman@ichatmediation or Call (877) 822-1479Matthew Brickman is a Florida Supreme Court certified family and appellate mediator who has worked in the 15th and 19th Judicial Circuit Courts since 2009 and 2006 respectively. But what makes him qualified to speak on the subject of conflict resolution is his own personal experience with divorce.Download Matthew's book on iTunes for FREE:You're Not the Only One - The Agony of Divorce: The Joy of Peaceful ResolutionMatthew Brickman President iMediate Inc. Mediator 20836CFASCHEDULE YOUR MEDIATION: https://ichatmediation.com/calendar/OFFICIAL BLOG: https://ichatmediation.com/podcastOFFICIAL YOUTUBE: http://www.youtube.com/ichatmediationOFFICIAL LINKEDIN: https://www.linkedin.com/company/ichat-mediation/ABOUT MATTHEW BRICKMAN:Matthew Brickman is a Supreme Court of Florida certified county civil family mediator who has worked in the 15th and 19th Judicial Circuit Courts since 2009 and 2006 respectively. He is also an appellate certified mediator who mediates a variety of small claims, civil, and family cases. Mr. Brickman recently graduated both the Harvard Business School Negotiation Mastery Program and the Negotiation Master Class at Harvard Law School.

Criminal Law – Lecture Three: Defenses to Criminal Liability (Part 3 of 3)

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Play Episode Listen Later Apr 25, 2025 14:49

This lecture provides a comprehensive overview of defenses to criminal liability, categorizing them into justifications, where the act is deemed lawful, and excuses, where responsibility is negated due to factors like incapacity or coercion. It explores specific justification defenses such as self-defense and necessity, and excuse defenses including insanity and duress, detailing their legal standards and variations. The lecture also examines procedural and constitutional limitations, like due process and double jeopardy, which influence the application and availability of these defenses in the legal system. Understanding these principles is crucial for analyzing criminal cases and appreciating the balance between state power and individual rights.

Criminal Law – Lecture Two: Inchoate Offenses and Specific Crimes (Part 2 of 3) (Part 2)

Play Episode Listen Later Apr 24, 2025 19:19

Inchoate offenses are "incomplete" crimes that involve steps taken toward committing another crime, even if the final harmful result never occurs. The three main types discussed are attempt, solicitation, and conspiracy.The two primary elements required for attempt are the intent to commit a specific crime and an overt act that constitutes a substantial step toward its commission. The mental state requires a specific intent to achieve the prohibited result.The proximity test for attempt requires the defendant's actions to be dangerously close to the completion of the intended crime, while the Model Penal Code's substantial step test is more expansive, focusing on conduct strongly corroborative of criminal purpose.Solicitation occurs when a person entices, encourages, commands, or requests another person to engage in criminal conduct, with the intent that the crime be committed. The crime of solicitation is complete the moment the request is made with the requisite intent, regardless of whether the other person acts on it.The actus reus of conspiracy is the agreement between two or more persons to commit an unlawful act, often requiring an overt act in furtherance of the agreement. The mens rea includes both the intent to agree and the intent that the object of the agreement be achieved.Malice aforethought for murder can be established through intent to kill (express malice), intent to cause serious bodily harm resulting in death, depraved heart murder (extreme recklessness), and felony murder (killing during the commission of an inherently dangerous felony).Voluntary manslaughter involves an intentional killing committed in the heat of passion resulting from adequate provocation, without a cooling-off period. Involuntary manslaughter, on the other hand, involves an unintentional killing resulting from criminal negligence or during the commission of a misdemeanor or non-dangerous felony.At common law, battery is the unlawful application of force to another person resulting in bodily injury or offensive touching. Assault can be either an attempted battery or the intentional creation of a reasonable apprehension in the victim of imminent bodily harm.Larceny is the trespassory taking and carrying away of the tangible personal property of another with the intent to permanently deprive the owner of it. It differs from embezzlement, where the defendant initially possesses the property lawfully but then fraudulently converts it.Robbery is defined as the unlawful taking of personal property from the person or presence of another, by force or threat of immediate force, with the intent to permanently deprive. The use of violence or intimidation is the defining characteristic that elevates larceny to robbery.

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Criminal Law – Lecture Two: Inchoate Offenses and Specific Crimes (Part 2 of 3)

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Play Episode Listen Later Apr 23, 2025 13:18

This lecture on criminal law explores the crucial concepts of inchoate offenses, which are incomplete crimes like attempt, solicitation, and conspiracy. It then transitions to specific crimes against persons, such as varying degrees of homicide, assault, battery, kidnapping, and rape, detailing their distinct elements. Finally, the lecture examines various property crimes, including larceny, embezzlement, false pretenses, robbery, burglary, and arson, highlighting the legal differences between these offenses. The session aims to build upon foundational criminal law principles by applying them to these substantive and preparatory crimes.

RaDonda Vaught Shares Advice for Nurses Before a Board of Nursing Investigation (With Maggie Ortiz and RaDonda Vaught)

Nurse Converse, presented by Nurse.org

Play Episode Listen Later Apr 22, 2025 31:02

In this episode of Nurse Converse, Maggie Ortiz and RaDonda Vaught explore the lasting impact of RaDonda's case, focusing on the Board of Nursing's role, the legal risks nurses face, and the complexities of due process following medical errors. They discuss the urgent need for accountability, legal education, and support for nurses navigating an often opaque regulatory system—all while keeping patient safety at the center. Join us for a candid conversation about the legal challenges nurses face and what must change to better protect both nurses and patients.Jump Ahead to Listen:[01:41] Boards of nursing investigations.[04:16] Types of law for nurses.[09:54] Medication-related patient harm.[12:13] Medication administration policy violation.[16:07] Legal rights for nurses.[20:14] Protecting the public vs. nurses.[25:03] Administrative law for nurses.[29:35] Oversight in nursing investigations.Connect with Maggie LinkedIn and on social media:Instagram: @advocates4nursesTikTok: @advocates4nursesFor more information, full transcript and videos visit Nurse.org/podcastJoin our newsletter at nurse.org/joinInstagram: @nurse_orgTikTok: @nurse.orgFacebook: @nurse.orgYouTube: Nurse.org

Who is the Prosecutor Here?: Rule 48(a) and the Michael Flynn, January 6, and Eric Adams Cases

Play Episode Listen Later Apr 22, 2025 62:43

The Federal Rule of Criminal Procedure 48(a) reads, “The government may, with leave of court, dismiss an indictment, information, or complaint. The government may not dismiss the prosecution during trial without the defendant's consent.” This rule has recently been used by the Justice Department in cases like the Mayor Eric Adams case and January 6th cases. In both instances, judges have questioned the reasons for the dismissal and revealed unsolved conflict between permissive and restrictive views of the judge's role, both to explore executive decisions of the prosecution and whether to dismiss indictments with or without prejudice to their later renewal. This panel will discuss the rule and its recent uses, along with questions regarding the government’s motivation to dismiss such cases and just how far judicial review can and ought to go when approving the dismissals.Featuring:Prof. Paul Cassell, Ronald N. Boyce Presidential Professor of Criminal Law and University Distinguished Professor of Law, The University of Utah College of LawAndrew McCarthy, Senior Fellow, National ReviewWilliam Shipley, Attorney, Law Offices of William L. Shipley & AssociatesModerator: Hon. John C. Richter, Partner, King & Spalding--To resgister, click the link above.

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Criminal Law – Lecture One: General Principles and Elements of Crime (Part 1 of 3) (Part 2)

Play Episode Listen Later Apr 22, 2025 13:46

The primary objectives of criminal law include deterrence (general and specific), incapacitation, retribution, rehabilitation, and defining societal norms. Unlike civil law, which aims to compensate a wronged party, criminal law operates on behalf of the state to prosecute and punish wrongful acts in the communal interest.Felonies are typically punishable by death or imprisonment for more than one year, while misdemeanors are lesser offenses usually punishable by a fine or incarceration for less than one year. Murder is an example of a malum in se crime because it violates fundamental moral standards, whereas a traffic violation is an example of a malum prohibitum crime because its illegality stems from statute.General intent crimes require the intent to perform the physical act itself, such as intentionally striking someone in battery. Specific intent crimes require an additional subjective intent to bring about a specific result, such as in theft, where the defendant must intend to permanently deprive another of their property.A state generally has jurisdiction to prosecute crimes that either occur within its borders or produce harmful effects within its territory. Concurrent jurisdiction arises when more than one sovereign has the legal authority to prosecute the same conduct. The doctrine of dual sovereignty under the Double Jeopardy Clause allows both federal and state governments to prosecute the same individual for the same conduct without violating double jeopardy protections, as they are separate sovereigns.Actus reus refers to the physical component of a crime, which is a voluntary act or a qualifying omission. An omission can constitute actus reus when there is a legal duty to act, the person is physically capable of acting, and they fail to do so, such as a parent deliberately withholding food from their child.Recklessness is a subjective mental state involving the conscious disregard of a substantial and unjustifiable risk; the defendant must be aware of the risk. Negligence is an objective standard that applies when a person fails to perceive a substantial and unjustifiable risk that a reasonable person would have recognized, regardless of actual awareness.Strict liability crimes are offenses where no mental state is required; the mere commission of the act is sufficient for liability. These types of crimes are most commonly found in regulatory and public welfare areas such as food safety or statutory rape. For example, a vendor selling contaminated food may be held strictly liable regardless of intent.The principle of concurrence requires that the actus reus (the physical act) and the mens rea (the mental state) coincide in time. This is generally required because criminal liability is predicated on the idea that the wrongful conduct was accompanied by a culpable state of mind.Factual cause, or "but-for" causation, means that the harm would not have occurred but for the defendant's act. Legal cause, or proximate cause, addresses whether the result is closely enough connected to the act to hold the defendant criminally responsible, considering factors like foreseeability. An intervening cause might break the chain of legal causation if it is unforeseeable and superseding, meaning it was not a natural or probable consequence of the defendant's actions.A principal is the primary actor who commits the criminal act, while an accomplice is someone who aids, encourages, or assists the principal with the intent that the crime be committed. Accomplice liability requires both an act of assistance and the specific intent that the underlying crime be committed by the principal.

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Criminal Law – Lecture One: General Principles and Elements of Crime (Part 1 of 3) (Part 2)

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Play Episode Listen Later Apr 21, 2025 13:28

This lecture note from a criminal law course introduces fundamental concepts necessary for understanding criminal liability. It explores the purposes of criminal law, including deterrence and retribution, and classifies crimes based on severity and inherent wrongfulness. The note further details the essential elements of a crime, specifically the physical act (actus reus) and the mental state (mens rea), along with principles of causation and concurrence. Finally, it outlines different forms of criminal responsibility, such as accomplice liability and corporate liability, providing a foundational overview for further study of specific offenses.

اپیزود ویژه: اراده ازاد، عدالت و چالشهای حقوق جزایی Free Will, Justice and the Challenges of Criminal Law

Houshivar Podcast

Play Episode Listen Later Apr 18, 2025 87:15

What happens when modern neuroscience challenges our centuries-old understanding of free will, responsibility, and justice? In this groundbreaking conversation, three experts explore one of the most profound questions of our time:

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Trump Loves Big Deals and Low-Hanging Fruit / The Battle of Culiacán: The Max Docuseries and Why I Do Not Trust the Press

Beyond the Legal Limit with Jeffrey Lichtman

Play Episode Listen Later Apr 14, 2025 50:37

In this episode, Jeff analyzes President Trump's handling of negotiations with Iran and its terror proxies, as well as America's jihadist universities, and demonstrates that the desire for the bestest of deals doesn't always end with good results for America and its allies. America needs a strong ideologue in place during these difficult times and not a used car salesman.The new four episode Max docuseries about the Sinaloa Cartel is out and you've got a review from the one person who actually knows the truth — Jeff — and he points out the obviously fabrications contained therein. If you real true crime stories you don't want to miss this podcast.

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Attorney Tad A. Nelson Discusses The Spike In Mental Health Dockets Impacting Divorce & Society

Mediate This!

Play Episode Listen Later Apr 12, 2025 41:15 Transcription Available

Matthew Brickman speaks with Lawyer and Forensic Scientist Tad A. Nelson on MediateThis! to discuss the the impact someone having a mental heath crisis can have on employment and divorce. With over 400 jury trials under his belt, Board Certified in Criminal Law by the Texas Board of Legal Specialization for 30 years, and recognized as a Super Lawyer over 10 consecutive years, Tad Nelson is a force to be reckoned with in the courtroom. His reputation for aggressive representation, combined with an unparalleled level of expertise, has made him the go-to criminal defense attorney in Galveston County and beyond. Former Assistant District AttorneyBoard Certified® in 1996Certified SFST InstructorCertified in the DRE ProtocolTad has not only mastered the law—he has mastered the science behind it. Achieving the prestigious Lawyer-Scientist designation from the American Chemical Society, he further solidified his expertise by pursuing a Master's in Forensic Toxicology from the University of Florida. This deep understanding of forensic science gives him a cutting edge in cases involving DWI, drug charges, sexual assaults and other forensic-heavy criminal matters.Beyond his scientific acumen, Tad has earned the highest possible AV rating from Martindale-Hubbell, an honor recognizing both legal skill and ethical integrity. His aggressive nature, wicked courtroom skills, and commitment to justice make him a wrecking ball when it comes to defending the rights of his clients.Website: https://tadlaw.com If you have a matter, disagreement, or dispute you need professional help with then visit iMediate.com - Email mbrickman@ichatmediation or Call (877) 822-1479Matthew Brickman is a Florida Supreme Court certified family and appellate mediator who has worked in the 15th and 19th Judicial Circuit Courts since 2009 and 2006 respectively. But what makes him qualified to speak on the subject of conflict resolution is his own personal experience with divorce.Download Matthew's book on iTunes for FREE:You're Not the Only One - The Agony of Divorce: The Joy of Peaceful ResolutionMatthew Brickman President iMediate Inc. Mediator 20836CFASCHEDULE YOUR MEDIATION: https://ichatmediation.com/calendar/OFFICIAL BLOG: https://ichatmediation.com/podcastOFFICIAL YOUTUBE: http://www.youtube.com/ichatmediationOFFICIAL LINKEDIN: https://www.linkedin.com/company/ichat-mediation/ABOUT MATTHEW BRICKMAN:Matthew Brickman is a Supreme Court of Florida certified county civil family mediator who has worked in the 15th and 19th Judicial Circuit Courts since 2009 and 2006 respectively. He is also an appellate certified mediator who mediates a variety of small claims, civil, and family cases. Mr. Brickman recently graduated both the Harvard Business School Negotiation Mastery Program and the Negotiation Master Class at Harvard Law School.

Note from Rachel 4/9: Rethinking Precedent

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Play Episode Listen Later Apr 9, 2025 7:40

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The Life of a D.E.A. Special Agent

Your Lot and Parcel

Play Episode Listen Later Apr 7, 2025 37:00

He is a retired Drug Enforcement Administration (DEA) as a special agent after thirty years and currently teaches criminal law for those coming into law enforcement. He runs his own private investigating business; LRH Investigators, and volunteers to visit with military veterans, law enforcement agents, and officers in hospice.He co-authored his first book about his work in Path of the Devil and in Spanish: Camino del Diablo with Dianne DeMille PhD, Jeff Pearce, and Randy Torgerson.His second book with Dianne DeMille PhD: Fighting My Greatest Enemy, Myself is about his spiritual journey growing up in Kentucky, working in law enforcement, and keeping his faith.His third book with Dianne DeMille PhD: Home is Never the Same is his family memoir and his life as an agent with DEA.He says that we are guaranteed to fail some of those tests. That is ok if we learn from them and find the strength to continue travelling on the road. We become much stronger by overcoming our failures and mustering the strength to reach our destination. https://www.larryrayhardin.com/http://www.yourlotandparcel.org

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Inside Criminal Law with Kirby Clements

DEVIANT

Play Episode Listen Later Apr 4, 2025 44:19

In this episode of DEVIANT Off Script, host Andrew Iden sits down with Atlanta-based defense attorney Kirby Clements. Kirby, who has experience on both sides of the legal system as a former prosecutor, provides a compelling look into the American justice system. They discuss the intricacies of representing clients, the challenges faced by defense attorneys, and the courtroom dynamics that often surprise the public. Kirby shares personal stories from his career, shedding light on the emotional and practical aspects of criminal defense. This episode is a must for anyone interested in the law, and the real-life scenarios that attorneys navigate daily. JOIN OUR PATREON: http://www.deviantpodcast.com Visit DEVIANT's socials: http://www.instagram.com/deviant.podcast http://www.tiktok.com/@deviant.podcast Copyright 2025 Cold Open Media LLC 00:00 Introduction and Guest Overview 01:41 Kirby's Journey to Becoming a Lawyer 02:38 Early Career as a Prosecutor 04:00 Memorable Courtroom Stories 10:29 Transition to Criminal Defense 18:29 Confronting a Killer Client 19:34 The Role of a Defense Attorney 20:24 Prosecutor vs. Defense: A Philosophical Debate 21:55 Defending the Guilty and the Innocent 24:19 The Emotional Toll of Defending the Innocent 27:35 Public Perception and Jury Bias 32:58 The Reality of the Criminal Justice System 37:10 The Impact of Resources on Legal Defense 38:31 Final Thoughts and Reflections Learn more about your ad choices. Visit megaphone.fm/adchoices

101. Governing by Executive Orders

Lawyer Up! Podcast

Play Episode Listen Later Mar 31, 2025 42:10

President Trump has signed more executive orders in his first 10 days and in his first month in office than any recent president has in their first 100 days. Trump critics say the orders greatly exceed his constitutional authority.Those orders range from tariffs on Mexico, China and Canada, to pauses on foreign aid and crackdowns on illegal immigration to bans on transgender people serving in the military and the use of federal funds for gender-affirming medical care for minors.Court challenges to Trump's policies started on Inauguration Day and have continued at a furious pace since Jan. 20. The administration is facing some 70 lawsuits nationwide challenging his executive orders and moves to downsize the federal government.The Republican-controlled Congress is putting up little resistance, so the court system is ground zero for pushback. Judges have issued more than a dozen orders at least temporarily blocking aspects of Trump's agenda, ranging from an executive order to end U.S. citizenship extended automatically to people born in this country to giving Musk's team access to sensitive federal data.Executive Actions: 108, Executive Orders: 73, Proclamations: 23, Memorandums: 12Mark Brown, Constitutional Law expert and professor at Capital University Law School talks with us about the constitutionality of executive orders. Mark holds Capital's Newton D. Baker/Baker & Hostetler Chair. He joined the faculty in 2003 after having taught at Stetson University, the University of Illinois and The Ohio State University.Mark has authored and co-authored works in various books and academic journals, including the Boston College Law Review, the Cornell Law Review, the Hastings Law Journal, the Iowa Law Review, the University of Illinois Law Review, the Ohio State Law Journal, the American University Law Review, and the Oregon Law Review, as well as others. Prior to academia, Mark clerked for the Honorable Harry Wellford, Judge of the United States Court of Appeals for the Sixth Circuit. He also served as a Supreme Court Fellow under the Chief Justice of the United States during the 1993 October Term. Mark's research interests include Constitutional Law and Constitutional Litigation, courses he also teaches. He has also taught Civil Procedure, Administrative Law, Criminal Law, and Criminal Procedure. His public interest litigation presently focuses on public access to the political process.

Interview with ACS-CHAL Lawyer-Scientist Tad A. Nelson

Mediate This!

Play Episode Listen Later Mar 28, 2025 41:02 Transcription Available

Matthew Brickman speaks with Lawyer and Forensic Scientist Tad A. Nelson on MediateThis! to discuss the correlation between divorce and the effect it can have the psyche post-divorce. With over 400 jury trials under his belt, Board Certified in Criminal Law by the Texas Board of Legal Specialization for 30 years, and recognized as a Super Lawyer over 10 consecutive years, Tad Nelson is a force to be reckoned with in the courtroom. His reputation for aggressive representation, combined with an unparalleled level of expertise, has made him the go-to criminal defense attorney in Galveston County and beyond. Former Assistant District AttorneyBoard Certified® in 1996Certified SFST InstructorCertified in the DRE ProtocolTad has not only mastered the law—he has mastered the science behind it. Achieving the prestigious Lawyer-Scientist designation from the American Chemical Society, he further solidified his expertise by pursuing a Master's in Forensic Toxicology from the University of Florida. This deep understanding of forensic science gives him a cutting edge in cases involving DWI, drug charges, sexual assaults and other forensic-heavy criminal matters.Beyond his scientific acumen, Tad has earned the highest possible AV rating from Martindale-Hubbell, an honor recognizing both legal skill and ethical integrity. His aggressive nature, wicked courtroom skills, and commitment to justice make him a wrecking ball when it comes to defending the rights of his clients.Website: https://tadlaw.com If you have a matter, disagreement, or dispute you need professional help with then visit iMediate.com - Email mbrickman@ichatmediation or Call (877) 822-1479Matthew Brickman is a Florida Supreme Court certified family and appellate mediator who has worked in the 15th and 19th Judicial Circuit Courts since 2009 and 2006 respectively. But what makes him qualified to speak on the subject of conflict resolution is his own personal experience with divorce.Download Matthew's book on iTunes for FREE:You're Not the Only One - The Agony of Divorce: The Joy of Peaceful ResolutionMatthew Brickman President iMediate Inc. Mediator 20836CFASCHEDULE YOUR MEDIATION: https://ichatmediation.com/calendar/OFFICIAL BLOG: https://ichatmediation.com/podcastOFFICIAL YOUTUBE: http://www.youtube.com/ichatmediationOFFICIAL LINKEDIN: https://www.linkedin.com/company/ichat-mediation/ABOUT MATTHEW BRICKMAN:Matthew Brickman is a Supreme Court of Florida certified county civil family mediator who has worked in the 15th and 19th Judicial Circuit Courts since 2009 and 2006 respectively. He is also an appellate certified mediator who mediates a variety of small claims, civil, and family cases. Mr. Brickman recently graduated both the Harvard Business School Negotiation Mastery Program and the Negotiation Master Class at Harvard Law School.

A Seat at the Sitting - March 2025

The Prosecutors: Legal Briefs

Play Episode Listen Later Mar 25, 2025 89:43

Each month, a panel of constitutional experts convenes to discuss the Court’s upcoming docket sitting by sitting. The cases covered in this preview are listed below.Louisiana v. Callais (March 24) - Election law, Civil Rights; Issue(s): (1) Whether the majority of the three-judge district court in this case erred in finding that race predominated in the Louisiana legislature’s enactment of S.B. 8; (2) whether the majority erred in finding that S.B. 8 fails strict scrutiny; (3) whether the majority erred in subjecting S.B. 8 to the preconditions specified in Thornburg v. Gingles; and (4) whether this action is non-justiciable.Riley v. Bondi (March 24) - Immigration; Issue(s): (1) Whether 8 U.S.C. § 1252(b)(1)'s 30-day deadline is jurisdictional, or merely a mandatory claims-processing rule that can be waived or forfeited; and (2) whether a person can obtain review of the Board of Immigration Appeals' decision in a withholding-only proceeding by filing a petition within 30 days of that decision.Environmental Protection Agency v. Calumet Shreveport Refining (March 25) - Jurisdiction, Federalism & Separation of Powers; Issue(s): Whether venue for challenges by small oil refineries seeking exemptions from the requirements of the Clean Air Act’s Renewable Fuel Standard program lies exclusively in the U.S. Court of Appeals for the District of Columbia Circuit because the agency’s denial actions are “nationally applicable” or, alternatively, are “based on a determination of nationwide scope or effect.”Oklahoma v. Environmental Protection Agency (March 25) - Jurisdiction, Federalism & Separation of Powers; Issue(s): Whether a final action by the Environmental Protection Agency taken pursuant to its Clean Air Act authority with respect to a single state or region may be challenged only in the U.S. Court of Appeals for the District of Columbia Circuit because the agency published the action in the same Federal Register notice as actions affecting other states or regions and claimed to use a consistent analysis for all states.Federal Communications Commission v. Consumers’ Research (March 26) - Federalism & Separation of Powers; Issue(s): (1) Whether Congress violated the nondelegation doctrine by authorizing the Federal Communications Commission to determine, within the limits set forth in 47 U.S.C. § 254, the amount that providers must contribute to the Universal Service Fund; (2) whether the FCC violated the nondelegation doctrine by using the financial projections of the private company appointed as the fund's administrator in computing universal service contribution rates; (3) whether the combination of Congress’s conferral of authority on the FCC and the FCC’s delegation of administrative responsibilities to the administrator violates the nondelegation doctrine; and (4) whether this case is moot in light of the challengers' failure to seek preliminary relief before the 5th Circuit.Catholic Charities Bureau v. Wisconsin Labor & Industry Review Commission (March 31) - First Amendment, Religion; Issue(s): Whether a state violates the First Amendment’s religion clauses by denying a religious organization an otherwise-available tax exemption because the organization does not meet the state’s criteria for religious behavior.Rivers v. Guerrero (March 31) - Criminal Law & Procedure; Issue(s): Whether 28 U.S.C. § 2244(b)(2) applies only to habeas filings made after a prisoner has exhausted appellate review of his first petition, to all second-in-time habeas filings after final judgment, or to some second-in-time filings — depending on a prisoner’s success on appeal or ability to satisfy a seven-factor test.Fuld v. Palestine Liberation Organization (April 1) - Due Process, Fifth Amendment; Issue(s): Whether the Promoting Security and Justice for Victims of Terrorism Act violates the due process clause of the Fifth Amendment.Kerr v. Planned Parenthood South Atlantic (April 2) - Medicare; Issue(s): Whether the Medicaid Act’s any-qualified-provider provision unambiguously confers a private right upon a Medicaid beneficiary to choose a specific provider. Featuring:Allison Daniel, Attorney, Pacific Legal FoundationErielle Davidson, Associate, Holtzman VogelJennifer B. Dickey, Deputy Chief Counsel, U.S. Chamber Litigation Center, U.S. Chamber of CommerceElizabeth A. Kiernan, Associate Attorney, Gibson, Dunn & CrutcherMorgan Ratner, Partner, Sullivan & Cromwell LLP(Moderator) Sarah Welch, Issues & Appeals Associate, Jones Day

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151. Our Interview with Baltimore State's Attorney Ivan Bates

Play Episode Listen Later Mar 21, 2025 53:42

Baltimore State's Attorney Ivan Bates joins the show to discuss his career, his involvement in the Freddie Gray case and the infamous Gun Trace Task Force, and his recent decisions in the Adnan Syed case.Check out our new True Crime Substack the True Crime Times at: https://t.co/26TIoM14TgGet Prosecutors Podcast Merch: https://www.bonfire.com/store/prosecutors-podcast/Join the Gallery on Facebook: https://www.facebook.com/share/g/4oHFF4agcAvBhm3o/Follow us on Twitter: https://twitter.com/ProsecutorsPodFollow us on Instagram: https://www.instagram.com/prosecutorspod/Check out our website for case resources: https://prosecutorspodcast.com/Hang out with us on TikTok: https://www.tiktok.com/@prosecutorspodSee Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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Season 5 Episode 3: Yodit Tewolde from Criminal Law Attorney to Hot Bench TV

The Black Lawyers Podcast

Play Episode Listen Later Mar 14, 2025 47:27

We interview 'Hot Bench' star Judge Yodit Tewolde on her legacy on the show and as an attorney and judge! Check out the latest Black Lawyers news, our free Black Lawyers Directory, Black Law and Medical student scholarship and Merchandise all year round at TheBlackLawyers.com

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Note from Rachel 2/26: Authoritarian Agencies

Beyond the Legal Limit with Jeffrey Lichtman

Play Episode Listen Later Feb 26, 2025 11:11

Trump and Musk are on a self-declared mission to destroy the bureaucracy and the “deep state" — and they're taking aim at the government's independent agencies. CAFE Contributor and administrative law expert Rachel Barkow breaks down why an almost 100-year-old Supreme Court precedent is at risk of being overturned and the danger for the rule of law. Rachel Barkow is the Charles Seligson Professor of Law at NYU School of Law and the Faculty Director of the Zimroth Center on the Administration of Criminal Law at NYU. From 2013 to 2019, she served as a Member of the United States Sentencing Commission. From 2010 to 2020, she was a member of the Manhattan District Attorney's Office Conviction Integrity Policy Advisory Panel and co-chaired Manhattan District Attorney Alvin Bragg's transition committee on police accountability in 2021. She is also amongst the most cited legal scholars of all time. For a transcript of Rachel's note and the full archive of contributor notes, head to CAFE.com. Learn more about your ad choices. Visit podcastchoices.com/adchoices

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Hamas Hits A Fresh Low: When Do the Gates of Hell Open? / NY Federal Prosecutors Are Not Above Politically-Motivated Actions: Just Ask James O'Keefe

Play Episode Listen Later Feb 24, 2025 36:44

In this episode, Jeff finds a fresh low for Hamas: celebrations around the coffins of babies they kidnaped and massacred. When will the world stand up? When will President Trump open the gates of hell he promised? Jeff provides a quick plan to fix the terrorist threat from Gaza. Also, federal prosecutors in NYC rightly quit in protest of the Department of Justice's political decision to dismiss the indictment against NYC Mayor Adams — but don't think for a second they're above politics in their own actions: exhibit A is the phony 3.5 year investigation of James O'Keefe.

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A Seat at the Sitting - February 2025

Legal Listening: The Fox Rothschild LLP Podcast

Play Episode Listen Later Feb 19, 2025 78:31

Each month, a panel of constitutional experts convenes to discuss the Court’s upcoming docket sitting by sitting. The cases covered in this preview are listed below.Gutierrez v. Saenz (Feburary 24) - Federalism & Separation of Powers, Courts; Issue(s): Whether Article III standing requires a particularized determination of whether a specific state official will redress the plaintiff’s injury by following a favorable declaratory judgment.Esteras v. U.S. (February 25) - Criminal Law & Procedure; Issue(s): Whether, even though Congress excluded 18 U.S.C. § 3553(a)(2)(A) from 18 U.S.C. § 3583(e)’s list of factors to consider when revoking supervised release, a district court may rely on the Section 3553(a)(2)(A) factors when revoking supervised release.Perttu v. Richards (February 25) - Criminal Law & Procedure; Issue(s): Whether, in cases subject to the Prison Litigation Reform Act, prisoners have a right to a jury trial concerning their exhaustion of administrative remedies where disputed facts regarding exhaustion are intertwined with the underlying merits of their claim.Ames v. Ohio Department of Youth Services (February 26) - Labor & Employment Law, Civil Rights; Issue(s): Whether, in addition to pleading the other elements of an employment discrimination claim under Title VII of the Civil Rights Act of 1964, a majority-group plaintiff must show “background circumstances to support the suspicion that the defendant is that unusual employer who discriminates against the majority.”CC/Devas (Mauritius) Limited v. Antrix Corp. Ltd. (March 3) - Federalism & Separation of Powers, International Law; Issue(s): Whether plaintiffs must prove minimum contacts before federal courts may assert personal jurisdiction over foreign states sued under the Foreign Sovereign Immunities Act.BLOM Bank SAL v. Honickman, (March 3) - Civil Procedure; Issue(s): Whether Federal Rule of Civil Procedure 60(b)(6)’s stringent standard applies to a post-judgment request to vacate for the purpose of filing an amended complaint.Smith & Wesson Brands v. Estados Unidos Mexicanos (March 4) - International Law, Gun Crime; Issue(s): (1) Whether the production and sale of firearms in the United States is the proximate cause of alleged injuries to the Mexican government stemming from violence committed by drug cartels in Mexico; and (2) whether the production and sale of firearms in the United States amounts to “aiding and abetting” illegal firearms trafficking because firearms companies allegedly know that some of their products are unlawfully trafficked.Nuclear Regulatory Commission v. Texas (March 4) - Administrative Law & Regulation; Issue(s): (1) Whether the Hobbs Act, which authorizes a “party aggrieved” by an agency’s “final order” to petition for review in a court of appeals, allows nonparties to obtain review of claims asserting that an agency order exceeds the agency’s statutory authority; and (2) whether the Atomic Energy Act of 1954 and the Nuclear Waste Policy Act of 1982 permit the Nuclear Regulatory Commission to license private entities to temporarily store spent nuclear fuel away from the nuclear-reactor sites where the spent fuel was generated.Featuring:Joel S. Nolette, Associate, Wiley Rein LLPJonathan A. Segal, Partner and Managing Principal, Duane Morris InstituteRichard A. Simpson, Partner & Deputy General Counsel, Wiley Rein LLPWill Yeatman, Senior Legal Fellow, Pacific Legal Foundation(Moderator) Austin Rogers, Chief Counsel, Senate Judiciary Committee

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The Presumption of Innocence - Episode 55

Play Episode Listen Later Feb 18, 2025 53:56

Episode 55 The Power of the Presidential Pardon: Traditions and Turning Points Recent presidential pardons by both sides of the political aisle are unprecedented in their purposes, which were wielded both to reward and protect. That's according to Rachel Barkow, Charles Seligson Professor of Law and Faculty Director of the Zimroth Center on the Administration of Criminal Law at New York University School of Law. A prolific author who is recognized as one of the country's leading experts on criminal law and policy, Rachel joins host Matt Adams for a timely discussion exploring the historical use of presidential pardons, the standard vetting process for requests and how the pardons issued in January by the both the outgoing and incoming presidents diverge from traditional uses of the power. They also speculate on how — and if — the process could change in the future, should a president have the interest in altering authority granted by the Constitution. You won't want to miss this enlightening episode.

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WE CHAT WITH TRIAL LAWYER BRIAN WILLIAMS 4

Inside The Badge

Play Episode Listen Later Feb 13, 2025 52:33

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Hawk Criminal Law w/ The Chamber Chicks

What in East Dallas is Going On?!

Play Episode Listen Later Feb 6, 2025 16:33

In this episode with The Chamber Chicks, the hosts sit down with Susan Hawk, former Dallas County Prosecutor, District Attorney, and State District Court Judge, to discuss her mission to bring empathy and innovation to the criminal justice system. With over 25,000 felony cases under her belt, Susan offers a unique perspective on the intersection of mental health, substance abuse, and crime.Susan shares the groundbreaking impact of the ATLAS (Achieving True Liberty and Success) Mental Health Diversion program, which she launched to prioritize treatment over incarceration for defendants with mental illnesses. Her dedication to breaking the cycle of crime and rebuilding lives has transformed countless individuals and families. Tune in to hear Susan's insights on how compassionate defense strategies and systemic reform can create safer, stronger communities.Find Our More!https://www.hawk-law.com 4oConnect with us! Instagram - Facebook www.visiteastdallas.comPartner with us! connect@visiteastdallas.com

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Morning CUP: With Louisiana Top Criminal Defense Attorney Chris Lacour

Culture Uncut Podcast

Play Episode Listen Later Feb 5, 2025 81:57

SummaryIn this conversation, attorney Chris LaCour discusses the complexities of criminal law in Louisiana, the impact of recent criminal justice reforms, and the challenges faced by black lawyers in the legal system. He shares insights from his career, including high-profile cases, the importance of business acumen in law, and advice for aspiring lawyers. The conversation also touches on the implications of social media on legal troubles and the nuances of navigating police encounters. In this engaging conversation, Chris LaCour discusses the complexities of the legal system, particularly focusing on the trial of Derek Stafford and the challenges of jury selection. He highlights the impact of criminal justice reform in Louisiana, the generational transmission of racism, and the intricacies of obtaining pardons. LaCour also shares insights on balancing work and personal life as a lawyer, his diverse legal experiences, and the importance of perception and professionalism in the courtroom. The discussion culminates in a call for parents to take responsibility for their children's upbringing to combat community violence.TakeawaysChris LaCour specializes in high-profile criminal cases in Louisiana.Recent criminal justice reforms have been rolled back, increasing incarceration rates.Self-defense laws in Louisiana are complex and can be racially biased.Becoming a lawyer requires both legal knowledge and business skills.Public defenders can provide invaluable experience for new lawyers.Young black men should be cautious in their interactions with police.Social media can complicate legal situations for individuals.Louisiana's murder laws are strict, with life sentences for serious offenses.Federal court operates under different rules and pressures than state court.Respect in the legal community must be earned through hard work. Derek Stafford's trial was challenging due to public perception.Jury selection is crucial for a fair trial outcome.Criminal justice reforms in Louisiana have been rolled back.Racism is a generational issue that persists in society.Pardons often involve political favors and connections.Balancing work and personal life is essential for lawyers.Chapters00:00 Introduction to Criminal Law and the Legal Landscape02:44 Criminal Justice Reform in Louisiana05:15 Self-Defense Laws and Racial Implications07:57 High-Profile Cases and Public Perception10:33 The Journey to Becoming a Lawyer13:08 Advice for Aspiring Criminal Lawyers15:49 Navigating Racial Dynamics in the Legal Field20:31 Navigating Challenges for Young Black Men23:36 Legal Advice and Rights Awareness25:09 Consequences of Poor Decision-Making26:11 The Impact of Social Media on Legal Issues29:21 The Role of Judges and the Legal System31:05 The Burden of Public Scrutiny on Athletes33:27 The Dangers of Confessing to Police35:38 Navigating Plea Deals and Trial Strategies37:21 Experiences in Federal Court40:08 High-Profile Cases and Their Impact43:28 The Complexity of Jury Selection47:06 Challenges in the Legal System48:42 Racism and Generational Mindsets51:31 Pardons and Political Favoritism53:26 Balancing Work and Personal Life55:00 Diverse Legal Experiences55:59 The Ethics of Legal Representation58:51 The Art of Jury Selection01:03:43 The Game of Trial Law01:05:03 Connecting with Clients01:05:51 Cultural Reflections on Music and Events01:07:42 Mardi Gras: A Cultural Experience01:09:17 Navigating Legal Challenges01:11:05 Final Thoughts on Legal Representation and Community01:18:40 The Role of Parents in Community Safety Hosted on Acast. See acast.com/privacy for more information.

Anchor's Aweigh: New Policies and New Proposed Guidelines Find Us Unmoored in 2025

Set For Sentencing

Play Episode Listen Later Feb 3, 2025 45:11

I call this episode “Anchor's Aweigh” for two reasons. First, there is a potential seismic shift in federal sentencing coming, which would go far to eliminate what we call the dreaded “anchoring effect” of the draconian and deeply dysfunctional sentencing guidelines. If this passes, it will likely be the biggest change in guideline sentencing since Booker was decided twenty years ago. The other reason for the title is because the achor's up on the new ship of state, and anyone paying attention should feel deeply unmoored. The vessel is powering through dark and dangerous waters, with seemingly nothing other than doom on the horizon, particularly when it comes to our criminal system. If you are not a guidelines nerd, and you'd like to hear our take on recent pardons and relevant executive orders from the new administration, then fast forward to 24:30. Lastly, please excuse the bad quality of the recording. I had the pleasure of being in the same physical space ("IRL" as the kids call it) with Mark Allenbaugh, which is a very rare occurrence. So we hunkered down in a booth at Jack's Steakhouse and Seafood in Bismark, North Dakota (https://jackssteakhouse.net), and recorded this episode. The "live" element without my good sound stuff explains why the recording is a little wonky. IN THIS EPISODE: Proposed guideline amendments eliminating departures and limiting supervised release; Thoughts on the sweeping pardons issued by both the Biden and Trump administration; Thoughts on some of the new executive orders that will significantly impact federal criminal law. LINKS: Link to public comment on guideline page: https://comment.ussc.gov/apex/r/ussc_apex/publiccomment/home Link to proposed amendments: https://www.ussc.gov/policymaking/federal-register-notices/federal-register-notice-proposed-2024-2025-amendments-published-december-2024 Past Set For Sentencing Episode on Pardons – This episode (105) dropped at the beginning of January, before Pres. Biden cleared federal death row and issued sweeping “pre-emptive” pardons for his family and others: https://youtu.be/cuQrGO8HNlw?si=uIBxTauumZAqg5TU

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Note from Rachel 1/29: Pardons Without Process

crime true crime retired deputy criminal law heather brown

Play Episode Listen Later Jan 29, 2025 13:07

CAFE Contributor Rachel Barkow reflects on the pardons issued by President Trump and former President Biden, highlighting the flaws in the pardon process and necessary reforms. Rachel Barkow is the Charles Seligson Professor of Law at NYU School of Law and the Faculty Director of the Zimroth Center on the Administration of Criminal Law at NYU. From 2013 to 2019, she served as a Member of the United States Sentencing Commission. From 2010 to 2020, she was a member of the Manhattan District Attorney's Office Conviction Integrity Policy Advisory Panel and co-chaired Manhattan District Attorney Alvin Bragg's transition committee on police accountability in 2021. She is also amongst the most cited legal scholars of all time. For a transcript of Rachel's note and the full archive of contributor notes, head to CAFE.com. Learn more about your ad choices. Visit podcastchoices.com/adchoices

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WE CHAT WITH RETIRED DEPUTY DA HEATHER BROWN

Forensic Psychology

Play Episode Listen Later Jan 20, 2025 66:03

Alex "AX" Foster - Author (Gavel to Gavel / Double Blind) / Attorney

Fascination Street

Play Episode Listen Later Jan 13, 2025 41:15

Alex "AX" FosterTake a walk with me down Fascination Street as I get to know Alex Foster. AX Foster is a former Senior Assistant State's Attorney for the state of Maryland. He practiced as a prosecutor in that office for twenty years before starting his own firm and becoming a defense attorney. After 15 or so years in that role; AX decided the time was right to write his first legal thriller novel called 'Gavel to Gavel'. In this episode, we chat about his previous career as an actor for 7 years; where he had tons of roles on several different daytime soap operas, and why he decided to switch gears and become a lawyer. Then we get into some of his State's Attorney days. We talk about his prosecuting criminal law where the cases ranged from drugs, gangs, animal cruelty, and even murder. Of course I find out why he decided to change sides and become a defense lawyer. We talk about the differences in the field, as well as some of the hurdles to keeping a law practice going. Finally, AX tells me why he decided to write his first novel; and why Covid was the right time. We discuss the basic premise of the book, and how many books he thinks will be in The Seneca County Courthouse Series. Book 1 of the series (Gavel to Gavel) came out a couple of years ago, and book 2 (Double Blind) is out NOW. If you like John Grisham or James Patterson novels, than you are sure to love The Seneca County Courthouse Series of legal crime thrillers. Follow AX on social media, and check out his website AXFoster.com. Make sure you grab both books in the sale bundle on Amazon.

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A Seat at the Sitting - January 2025

The Law School Toolbox Podcast: Tools for Law Students from 1L to the Bar Exam, and Beyond

Play Episode Listen Later Jan 10, 2025 90:14

Each month, a panel of constitutional experts convenes to discuss the Court’s upcoming docket sitting by sitting. The cases covered in this preview are listed below.TikTok, Inc. v. Garland (January 10) - First Amendment, National Security; Issue(s): Whether the Protecting Americans from Foreign Adversary Controlled Applications Act, as applied to petitioners, violates the First Amendment.Hewitt v. U.S. (January 13) - Criminal Law, First Step Act; Issue(s): Whether the First Step Act’s sentencing reduction provisions apply to a defendant originally sentenced before the act’s enactment, when that original sentence is judicially vacated and the defendant is resentenced to a new term of imprisonment after the act’s enactment.Stanley v. City of Sanford, Florida (January 13) - ADA; Issue(s): Whether, under the Americans with Disabilities Act, a former employee — who was qualified to perform her job and who earned post-employment benefits while employed — loses her right to sue over discrimination with respect to those benefits solely because she no longer holds her job.Thompson v. U.S. (January 14) - Financial Services; Issue(s): Whether 18 U.S.C. § 1014, which prohibits making a “false statement” for the purpose of influencing certain financial institutions and federal agencies, also prohibits making a statement that is misleading but not false.Waetzig v. Halliburton Energy Services (January 14) - Civil Procedure; Issue(s): Whether a voluntary dismissal without prejudice under Federal Rule of Civil Procedure 41 is a “final judgment, order, or proceeding” under Federal Rule of Civil Procedure 60(b).Free Speech Coalition v. Paxton (January 15) - Free Speech; Issue(s): Whether the court of appeals erred as a matter of law in applying rational-basis review, instead of strict scrutiny, to a law burdening adults’ access to protected speech.Food and Drug Administration v. R.J. Reynolds Vapor Co. (January 21) - Federalism & Separation of Powers; Issue(s): Whether a manufacturer may file a petition for review in a circuit (other than the U.S. Court of Appeals for the District of Columbia Circuit) where it neither resides nor has its principal place of business, if the petition is joined by a seller of the manufacturer’s products that is located within that circuit.McLaughlin Chiropractic Associates v. McKesson Corporation (January 21) - Telecommunications; Issue(s): Whether the Hobbs Act required the district court in this case to accept the Federal Communications Commission’s legal interpretation of the Telephone Consumer Protection Act.Barnes v. Felix (January 22) - Criminal Law, Fourth Amendment; Issue(s): Whether courts should apply the "moment of the threat" doctrine when evaluating an excessive force claim under the Fourth Amendment.Cunningham v. Cornell University (January 22) - Financial Services; Issue(s): Whether a plaintiff can state a claim by alleging that a plan fiduciary engaged in a transaction constituting a furnishing of goods, services, or facilities between the plan and a party in interest, as proscribed by 29 U.S.C. § 1106(a)(1)(C), or whether a plaintiff must plead and prove additional elements and facts not contained in the provision’s text.Featuring:Jennifer B. Dickey, Deputy Chief Counsel, U.S. Chamber Litigation Center, U.S. Chamber of CommerceProf. Michael R. Dimino, Sr., Professor of Law, Widener University Commonwealth Law SchoolShannon M. Grammel, Counsel, Lehotsky Keller Cohn LLPGregory Y. Porter, Partner, Bailey Glasser LLPVikrant P. Reddy, Senior Fellow, Stand Together TrustBryan Weir, Partner, Consovoy McCarthy PLLC(Moderator) Brett Nolan, Senior Attorney, Institute for Free Speech

tiktok law americans professor food partner institute court sitting thompson sr powers seat barnes separation chamber free speech senior fellow counsel first amendment cunningham appeals financial services national security sanford drug administration telecommunications hewitt reddy disabilities act criminal law federalism federal communications commission fourth amendment senior attorney first step act federal rules civil procedure columbia circuit free speech coalition telephone consumer protection act hobbs act telecommunications & electroni criminal law & procedure international & national secur free speech & election law financial services & e-commerc

Accused CEO Killer Luigi Mangione: Is He a Terrorist?

Surviving the Survivor

Play Episode Listen Later Dec 24, 2024 70:06

Get Joel's Book: Https://amzn.to/48GwbLxAll Things STS: Https://linktr.ee/stspodcastPatreon: https://www.patreon.com/SurvivingTheSurvivorYouTube: Surviving The Survivor: #BestGuests in True Crime - YouTube#STSNation, Welcome to another episode of Surviving the Survivor, the podcast that promises to bring you the very #BestGuests in all of #TrueCrime.Accused healthcare CEO assassin Luigi Mangione faces both state and federal charges, including murder as an act of terrorism. This high-profile case raises complex legal questions about due process, public bias, and the growing tension between corporate America and societal frustrations. Best Guests: Professor Jo Potuto joined the faculty of University of Nebraska in 1974. She currently teaches Federal Jurisdiction, Constitutional Law, Sports Law, and Criminal Procedure. She also maintains a special interest in Conflict of Laws and Appellate Advocacy and, among other courses, has taught Mass Communications, Civil Procedure, Contract and Criminal Law. In 2003 Potuto received the Nebraska Alumni Outstanding Faculty Award. Professor Potuto is the author of three books – Prisoner Collateral Attacks: Habeas Corpus and Federal Prisoner Motion Practice; Winning Appeals; and Federal Criminal Jury Instructions (co-authored with Perlman and Saltzburg). Randy Zelin is a NYC-based former prosecutor turned criminal defense attorney with more than 30 years experience. He's tried cases against both DOJ and SEC. Randy is also an adjunct professor at Cornell Law appearing on Fox News, Fox Business Channel, CNN, CNN Headline News, Bloomberg, Newsmax, NewsNation and local network television #TrueCrime #TrueCrimeCommunity #CEOMurder #LuigiMangione #FreeLuigi #JusticeForBrianThompson #SurvivingTheSurvivor #TerrorismCharges

Data Points: Cons, Schemes, & Fraud

Something Was Wrong

Play Episode Listen Later Dec 17, 2024 11:26

Sources:As Nationwide Fraud Losses Top $10 Billion in 2023, FTC Steps Up Efforts to Protect the Public. (2024, February 9). Federal Trade Commission. https://www.ftc.gov/news-events/news/press-releases/2024/02/nationwide-fraud-losses-top-10-billion-2023-ftc-steps-efforts-protect-publicBBB Tip: 10 steps to avoid scams. (2024, June 21). Better Business Bureau. https://www.bbb.org/article/tips/8767-bbb-tips-10-steps-to-avoid-scamsThe Latest Scams You Need to Be Aware of in 2024, By DeNicola, L. (2023, December 30). https://www.experian.com/blogs/ask-experian/the-latest-scams-you-need-to-aware-of/Empowering Fraud Fighters. (n.d.). Financial Industry Regulatory Authority Foundation. https://www.finrafoundation.org/networks-we-strengthen/fighting-fraudInternet Crime Report 2023 by The Federal Bureau of Investigations. (2024). In Internet Crime Complaint Center. https://www.ic3.gov/Media/PDF/AnnualReport/2023_IC3Report.pdf National Center for Victims of Crime, Financial Crime Resource Center: https://victimsofcrime.org/financial-crime-resource-center/ Financial Crimes Enforcement Network, FinCEN Resource Center: https://www.fincen.gov/fincen-resource-centerFletcher, E. (2023, October 6). Social Media. Federal Trade Commission. https://www.ftc.gov/news-events/data-visualizations/data-spotlight/2023/10/social-media-golden-goose-scammersIdentity Fraud Cost Americans $43 Billion in 2023. (2024, April 10). American Association of Retired People. https://www.aarp.org/money/scams-fraud/info-2024/identity-fraud-report.htmlIs Fraud Always a Federal Crime? (2024, March 20). Stechschulte Nell. https://www.tpatrialattorneys.com/fraud-always-federal-crime/Criminal Consumer Fraud, Must the Goals of Deterrence and Compensation Be Mutually Exclusive? By The American Journal of Criminal Law, Kirschner, N. M. (1979). https://www.ojp.gov/ncjrs/virtual-library/abstracts/criminal-consumer-fraud-must-goals-deterrence-and-compensation-beRecovering From Online Fraud. National Crime Victim Law Institute: https://ncvli.org/recovering-from-financial-fraud-and-identity-theft-services-for-victims/#:~:text=%E2%80%93Identity%20Theft%20Resource%20Center%20What Are Some Common Types of Scams? (2024, March 13). Consumer Financial Protection Bureau. https://www.consumerfinance.gov/ask-cfpb/what-are-some-common-types-of-scams-en-2092/Resources:FBI Internet Complaint Center: https://www.ic3.gov/FBI Tip Center: http://tips.fbi.govBBB Scam Risk Calculator: https://www.bbb.org/all/scam-prevention/risk-calculatorCybercrime Support Network: https://fightcybercrime.org/Identity Theft Resource Center: https://www.idtheftcenter.org/Financial Industry Regulatory Authority: https://www.finra.org/Report Fraud to the Federal Trade Commission: https://reportfraud.ftc.gov/For additional resources and a list of related non-profit organizations, please visit http://www.somethingwaswrong.com/resourcesFollow Something Was Wrong:Website: somethingwaswrong.com IG: instagram.com/somethingwaswrongpodcastTikTok: tiktok.com/@somethingwaswrongpodcast Follow Tiffany Reese:Website: tiffanyreese.me IG: http://www.instagram.com/lookieboo The Data Points cover art is by the Amazing Sara Stewart. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Episode 626: James P. Watson: The Bluebeard Killer

Morbid

Play Episode Listen Later Dec 12, 2024 57:00

When Kathryn Wombacher suspected her husband, Walter Andrew, of having an affair in the spring of 1920, she hired a private detective to follow him on one of his many “out-of-town” trips that he'd taken in their short marriage. However, rather than follow Walter out of town, the private detective tracked the man less than a mile from his home in Hollywood, where he discovered that Walter had indeed been carrying on a relationship with another woman—but that was to be the least of Kathryn's worries.Thank you to the Incredible Dave White of Bring Me the Axe Podcast for research and Writing support!ReferencesAssociated Press. 1920. "Police search for Montana girl is commenced ." Miles City Star, April 1: 1.—. 1920. "Alleged wife believes Huirt 'woman hater'." San Francisco Chronicle, April 15: 1.—. 1920. "Nine 'wives' killed by Bluebeard." Saskatoon Daily Star, May 11: 7.Cameron, Jim. 2014. "The horrifying marriage career of James "Bluebeard" Watson." Cranbrook Daily Townsman, October 31.Dowd, Katie. 2019. "'Object, matrimony': The forgotten tale of the West Coast's first serial bride killer." SF Gate, October 4.Hoag, Ernest, and Edward Williams. 1922. "The Case of J.P. Watson, the Modern Bluebeard." Journal of Criminal Law and Criminology 348-359.Los Angeles Evening Express. 1920. "Huirt's latest wife here to clear mystery." Los Angeles Evening Express, April 14: 1.Los Angeles Times. 1920. ""I'm crazy!" Bluebeard cries to the public." Los Angeles Times, May 4: 15.—. 1920. "Watson confesses four wife-murders; married nearly a score of women." Los Angeles Times, April 30: 1.—. 1920. "Watson's real name Boyd?" Los Angeles Times, April 27: 17.—. 1920. "Watson's story of early life." Los Angeles Times, April 30: 1.—. 1920. "Whoesale bigamy bared." Los Angeles Times, April 11: 1.Rasmussen, Cecelia. 1997. "Quiet man left trail of dead wives." Los Angeles Times, August 31.Sacramento Bee. 1920. "Watson given life sentence for murder of Nina Lee Deloney." Sacramento Bee, May 10: 1.San Francisco Chronicle. 1920. "Burying ground of 'Bluebeard' thought found." San Francisco Chronicle, April 20: 6.Whitaker, Alma. 1930. "Bluebeard's treasure hunt blows up--bang." Los Angeles Times, November 30: 19.Zdeb, Chris. 2014. "Serial killer, bigamist had ties to Edmonton." Edmonton Journal, May 10: 2.See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

482: Listen and Learn -- Assault and Battery (Crim Law)

Play Episode Listen Later Dec 9, 2024 14:00 Transcription Available

Welcome back to the Law School Toolbox podcast! Today, we're discussing substantive Criminal Law, specifically the crimes of assault and battery. We covered these topics as elements of Tort Law in Episode 288. In this episode we discuss: The definitions of assault and battery Two case studies illustrating assault and battery crimes Exam tips for answering Crim Law questions Resources: "Listen and Learn" series (https://lawschooltoolbox.com/law-school-toolbox-podcast-substantive-law-topics/#listen-learn) Podcast Episode 248: Listen and Learn – Introduction to Homicide (https://lawschooltoolbox.com/podcast-episode-248-listen-and-learn-introduction-to-homicide/) Podcast Episode 288: Listen and Learn – Assault and Battery (Torts) (https://lawschooltoolbox.com/podcast-episode-288-listen-and-learn-assault-and-battery-torts/) Download the Transcript (https://lawschooltoolbox.com/episode-482-listen-and-learn-assault-and-battery-crim-law/) If you enjoy the podcast, we'd love a nice review and/or rating on Apple Podcasts (https://itunes.apple.com/us/podcast/law-school-toolbox-podcast/id1027603976) or your favorite listening app. And feel free to reach out to us directly. You can always reach us via the contact form on the Law School Toolbox website (http://lawschooltoolbox.com/contact). If you're concerned about the bar exam, check out our sister site, the Bar Exam Toolbox (http://barexamtoolbox.com/). You can also sign up for our weekly podcast newsletter (https://lawschooltoolbox.com/get-law-school-podcast-updates/) to make sure you never miss an episode! Thanks for listening! Alison & Lee

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Note from Rachel 12/4: The President's Impoundment Authority