Agreement in a criminal case between the prosecutor and defendant
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My guest today is Sadie Blanchard, a Professor of Law at the University of Notre Dame. She teaches and writes about contracts, corporations, and international business law. Her research examines how legal institutions interact with social forces to shape behavior, especially in markets. She's here today to discuss her recent article, Contract or Prison, in the University of Chicago Law Review. The paper discusses the expansion and privatization of “Incarceration Alternative” arrangements, such as electronic monitoring, criminal diversion, and parole and probation. Blanchard argues that, while the norm of expanded choice that justifies enforcement of contracts has prima facie plausibility in this context, the agreements ultimately fail under classical contract theory because they are made against the background of entitlements created to extract value from people using the coercive power of the criminal legal system. This episode is co-hosted by UVA Law 3L, Kyndall Walker.Show NotesAbout Sadie BlanchardAbout Kim KrawiecAbout Kyndall WalkerSandie Blanchard, Contract or Prison (forthcoming, University of Chicago Law Review 2025)Additional Reading Discussed (or relevant to the discussion):John H. Langbein, Understanding the Short History of Plea Bargaining, 13 Law & Society Review 261 (1979)John H. Langbein, Torture and Plea Bargaining, 46 Univ. Chicago Law Review 4 (1978); republished in Spanish as “Tortura Y Plea Bargaining,” in El Procedimiento Abreviado (J.B. Maier & A. Bovino eds.) (Buenos Aires 2001); substantially republished in The Public Interest (Winter 1980) at 43; latter version republished in The Public Interest on Crime and Punishment (N. Glazer ed. 1984)Robert E. Scott & William J. Stuntz, Plea-Bargaining as a Social Contract, 101 Yale L. J. 1909 (1992). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/317 Emma Kaufman, "The Prisoner Trade," 133 Harv. L. Rev. 1815 (2020)
In this episode, we are joined by Clark Neily, Senior Vice President for Legal Studies at the Cato Institute, to discuss the weaponization of the Department of Justice and the broader implications of plea bargaining and charge stacking in the U.S. legal system. We dive into the erosion of jury trials, the impact of coercive plea deals, and the challenges of maintaining justice and human dignity in a system increasingly reliant on non-public procedures. We also touch on the historical context of these issues and the potential for reform. 00:00 Introduction 00:31 The Efficacy of Acupuncture for Chronic Back Pain 04:54 Charlie Kirk Memorial Service 07:59 Foolishness of the Week 10:47 Clark Neily Introduction 12:38 Trump Truth Social Post 17:23 Plea Bargaining and Charge Stacking 22:44 Weaponization of the DOJ 26:00 Public Trust in DOJ Waning 28:41 The Constitution Right to a Jury Trial 30:45 The Role of the Supreme Court 36:39 Grand Jury Indictments 41:11 What's Next for the DOJ 45:59 Historical Context and Legal Reform 49:10 The Importance of Jury Duty Learn more about your ad choices. Visit podcastchoices.com/adchoices
In this podcast, Jeff discusses the assassination of Charlie Kirk by yet another deranged leftist shooter. As disturbing as the shooting was, the celebrations from the left — which included professionals, teacher and health care providers — were even more troubling. Jeff discusses what needs to come next if we are to avoid sliding into the abyss as a country.
In this podcast, Jeff talks about his trip to Italy and love of Italians — and notes the many similarities between Italians and Jews and one glaring difference. Italy was great but the constant content making of young people in Capri annoyed him. Only this dopey, lazy mentality could drive the success of Zorhan Mamdani, a Socialist Hamas supporter, in the NYC mayoral race.
In this episode, Jeff returns after a few weeks off — and explains how one press conference in Chicago spiraled into a fabricated international incident with the Mexican government. Representing Ovidio Guzmán (El Chapo's son) became less about legal defense and more about being scapegoated by terrified politicians. In the end, free speech and the truth will always shine through. And the Mexican people? Jeff notes that his respect for them has grown exponentially.Also covered: Hamas' newest PR strategy — letting Gaza starve while hoarding food in tunnels and filming propaganda videos of emaciated kids (whose fat parents are somehow not starving). The lies grow louder, the propaganda slicker, and yet Western liberal and far-right Jew haters just can't stop blaming Israel and taking it out on Jews. All while the next mayor of NYC will be a Hamas cheerleader who wants government-owned supermarkets and to arrest the Prime Minster of Israel. The downward spiral that began in 2008 nears completion.And finally, Jeff goes full collector mode: a breakdown of the baseball card National Show in Chicago. Too many rooms, too many scammers, but one glorious vintage Orioles cabinet card makes the entire hellscape worth it.
In this podcast Jeff discusses a moment he never dreamed would occur: Iran's nuclear facilities were destroyed by America and Iran is finally punished for its global terror. Every President from Carter through Biden looked the other way or appeased Iran's terrorism — Trump did not. Jeff eats some crow but points out the MAGA leading voices who sided with the Muslim terror state that tried to kill our President. And an update on Jeff's federal fraud sentencing before his fraternity brother. It was a hoot, it was surreal and it brought back a lot of memories.
This week Jeff opens with the long-awaited Israeli strike on Iran's nuclear infrastructure, a dazzling military operation years in the making. But instead of support for Israel, Jeff is stunned by the response: hatred not only from the far left but now pouring out of MAGA's biggest names. Yes, the Trump-right has joined Hamas and the progressive left in their obsessive Jew hatred, and Jeff is seething.Trump, meanwhile, couldn't resist taking credit for the Israeli success after the fact, even though he reportedly tried to block the strike for months. And if he actually helped, why didn't he greenlight American B-52s to finish the job on the underground nuke sites? Why is he trying to make a huge deal when the world's biggest sponsor of terror is on its knees?Also this week: a tale of how a young lawyer buying his first suits comes full circle 30 years later, this time as a man paying cash with 44 tailored suits under his belt. Plus, Jeff faces a federal judge he went to college with and admits, despite all of his own accomplishments, the judge is the better man.As always, Jeff pulls no punches. Not for MAGA. Not for Trump. Not for the far left. And certainly not for anyone siding with the world's worst terror regime.
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.
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.
In this new episode of Beyond the Legal Limit, Jeff unwinds all things Luigi: from the arrest to the initial state charges, to the upgraded First Degree Murder charge, to the shocking federal charges. Included is Jeff's insight on why everything seemed to change in the prosecution — the impact of the massive pro-Luigi public groundswell is the culprit. In other news, Jeff describes a trip to Florida for a plea on a multi-million dollar fraud case which incredibly ended with no conviction for his young client, and why a generous act a few days prior may have caused this result. Lastly, NYC Mayor Adams' big mouthed top aide gets indicted and she still can't stop talking to the press. An update to an earlier podcast lays all the stupidity out. In short, Jeff called this one early.
In this episode, Jeff dives into the trial of Daniel Penny, the former Marine charged in the death of Jordan Neely on a New York subway. With jurors grappling over manslaughter charges, Jeff explores the legal, cultural, and moral dimensions of the case. Was Penny a reckless vigilante or the hero every New Yorker prays for when chaos erupts underground? And how does Alvin Bragg, Manhattan's controversial DA, fit into this mess?Then, a dramatic shift in the Middle East: the Assad regime crumbled this past weekend with shocking speed, leaving Syria in rebel hands and Iran's terror network shattered. Jeff unpacks why this is more than just the fall of a dictator — it's the collapse of a decades-long “axis of resistance.” From Iran's humiliation to Hezbollah's downfall, find out how Israel pulled off what seemed impossible in just 14 months.
Jeffrey Lichtman dives into the art of trial summation, sharing how a line from a 1977 Robbie Benson film unexpectedly found its way into the John Gotti, Jr. summation. Bottom line: the more that's in your brain, the more that can come out — and help you — at unexpected times.Next, Jeff unpacks the bail denial of Sean "Diddy" Combs, highlighting the challenges of defending a high-profile client when the media circus and public perception play a heavier role than the facts of the case. From alleged jailhouse rule-breaking to a judge unwilling to take the risk, Jeff explains why this outcome isn't surprising — and how defense lawyers need to be careful not to help the judge hurt their client.Finally, a blistering critique of Joe Biden: the President was spotted with a book by an anti-Israel provocateur while Americans remain hostages in Gaza. Jeff connects Biden's public nod to Palestinian propaganda with the surge of anti-Semitism in North America and abroad, calling out the administration's complicity in enabling global Jew-hate.
In this episode, Jeffrey Lichtman dives into the aftermath of the 2024 election — Kamala Harris's resounding defeat and the unexpected national shift that defied nearly every major poll. Jeff openly admits he underestimated the American electorate, having repeatedly predicted that Trump could never win. But last week, Trump did just that, sweeping the popular vote, dominating in swing states, and leaving pundits scrambling to explain why they got it so wrong. Jeff reflects on the issues that broke in Trump's favor: from crime and immigration to economic and foreign policies that Americans across demographics were ready to change.Jeff also dissects the hypocrisy of the left's elite, who preached social justice and open borders while ignoring Americans' real needs. He explores the hard truths that Harris and the Democrats refused to face, from soaring crime rates to economic strain and unchecked immigration. America had enough, and Jeff sees this election as a signal that the tide has turned. With the House and Senate now in his favor, Trump has a narrow window to make real changes, but as Jeff warns, he can't waste time this time around.
Today, Hunter is joined once again by Rebecca Schaffer to discuss plea bargaining in Europe. As we did on Tuesday, this episode aims to help people understand the intractable problems with plea deals and what countries are doing to try and ameliorate those problems Guests: Rebecca Schaffer, Former Legal Director, Fair Trials Resources: Follow Rebecca on Twitter https://x.com/rebeccashaeffe?lang=en Email Rebecca rebecca.shaeffer@gmail.com Read the Reports https://www.fairtrials.org/articles/film-video/trial-waiver-systems-in-europe-punishment-without-a-trial/ https://www.fairtrials.org/articles/publications/the-disappearing-trial/ Contact Hunter Parnell: Publicdefenseless@gmail.com Instagram @PublicDefenselessPodcast Twitter @PDefenselessPod www.publicdefenseless.com 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
Today, Hunter is joined once again by Lucian Dervan to discuss plea bargaining. This time, he joins to discuss what we can learn about plea bargaining from Japan's failed attempt to implement plea bargaining system. Guests: Lucian Dervan, Professor of Law and Director of Criminal Justice Studies, Belmont College of Law, Founding Director of the Plea Bargaining Institute Resources: Link to Lucian's book on Plea Bargaining https://www.americanbar.org/products/inv/book/440099902/ Lucian's Work with Plea Bargaining Institute https://pleabargaininginstitute.com/about-pbi/founding-director/ Study on Japan and Korea https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3768687 https://news.belmont.edu/dervan-shares-research-on-plea-bargaining-with-japanese-officials/ Original Study https://scholarlycommons.law.northwestern.edu/jclc/vol103/iss1/1/ Contact Hunter Parnell: Publicdefenseless@gmail.com Instagram @PublicDefenselessPodcast Twitter @PDefenselessPod www.publicdefenseless.com 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
With Election Day looming, Jeff dives into the political desperation driving the Democrats' strategy—and why, for the first time, he's decided to vote for Trump. As smear campaigns and absurd accusations pile up, Jeff examines the stark reality of what's at stake and contrasts the Democrats' fearmongering with the mess they've actually created: open borders, sky-high consumer prices, and the normalization of anti-Semitic hate crimes. If the stakes weren't so high, he might sit this one out, but at this point, voting has become a defense mechanism for what remains of the country's sanity.Shifting gears, Jeff discusses how ineffective assistance of counsel claims made by imprisoned clients shouldn't ruffle a defense lawyer's feathers — the clients are in jail after all. Using his own experience with high-profile clients, including El Chapo, he sheds light on the personal, ethical, and sometimes laughable aspects of these claims—and the mess the press often makes when covering them.Finally, Jeff pays a long-overdue tribute to the band Social Distortion, a band that's resonated with him for decades. More than just rockabilly punk, the band's music speaks to struggle, redemption, and raw honesty. From “When the Angels Sing” to “I Was Wrong,” Jeff shares why these tracks mean so much to him, urging listeners to give the band a chance beyond his podcast snippets.
Jeffrey Lichtman returns with a no-holds-barred breakdown of the upcoming election, offering his scathing analysis of the Harris/Biden administration's four years. He questions why Harris, after four disastrous years in office, refuses to say what she would do differently than Biden — when she could honestly answer that the last four years was Biden's fault. Harris' inability to answer even the simplest questions becomes a centerpiece of this episode, along with her jaw-dropping agreement with pro-Palestinian protesters that Israel has committed genocide. Lichtman highlights the terrifying implications of a continued administration that coddles terrorists while simultaneously lying to the American people about crime stats and the economy.In lighter news, Jeff shares his strong, hilarious warnings against going on a cruise—unless Legionnaire's disease and Baked Alaska are your idea of a good time. He then offers his thoughts on what it takes to win in the courtroom on big media cases, reflecting on his own experiences in high-profile trials. From Kamala's dangerous incompetence to the absurdities of cruises, Jeff covers it all in this blistering episode.
In this episode, Jeff analyzes the evidence against Mayor Eric Adams and finds him to be a low-level grifter with a penchant for obstruction of justice. But why did the federal prosecutors not request a dollar of bail for him when they successfully sought to detain Sean Combs pretrial? Adams sold out NYC to a Muslim terror state and Combs had sex parties. The uneven application of the law is startling.And Jeff recaps Israel's incredible week of decapitating Hezbollah in the most humiliating fashion. Why Kamala Harris wants Iran's strongest terror proxy to survive via ceasefire is shocking. How can peace in the Middle East be achieved when Iran is permitted to occupy and terrorize country after country? Israel had enough of this and acted alone, with historical success.
In this episode, Jeff provides updates on several high-profile cases. First, he breaks down the latest news surrounding his client, Joaquin Guzman Lopez, son of El Chapo, who arrived in the U.S. from Mexico with the world's biggest drug dealer in tow. An absurd international saga followed.Next, Jeff shares a positive outcome for his elderly client, former doctor Stephen Miller, who received probation instead of a prison sentence after assisting a terminally ill woman's suicide. With this disposition, Miller avoids spending his final years behind bars.Jeff then revisits his lawsuit against Columbia University, where pro-Hamas students overreacted to a harmless prank by two Israeli students involving a novelty fart spray. Despite clear evidence, Columbia's administration chose to punish the Israeli students while giving the terror-supporting students a pass. In the new school year, Columbia's administration shows it has learned nothing.Finally, Jeff reflects on Kamala Harris's dangerous appeasement of Hamas supporters, a troubling stance that raises serious concerns about her leadership as the world faces increasing instability.
In this episode, Jeff delves into the recent Democratic National Convention in Chicago, where Kamala Harris swore she is the only one who can fix America's current problems while conveniently ignoring her role in creating the mess over the past four years. The real show, though, was outside, where pro-Palestinian rioters attempted to turn the convention into a war zone. Yet Democrats suddenly discovered the utility of walls—just not for our borders. Jeff breaks down the hypocrisy and the disturbing poll numbers showing that Democrats increasingly support Hamas over Israel. PS: Someone check Tim Walz's Google searches. Next, Jeff shares an update on his client, Joaquin Guzman Lopez, son of El Chapo. Despite claims that he captured the world's most notorious fugitive drug lord, Mayo Zambada, Joaquin now faces kidnapping charges from the Mexican government, which for some odd reason seems angry that the biggest criminal in their country is in custody.
In this podcast, Jeff describes his hectic week which started with the startling news of the arrest of a 50 year fugitive, “El Mayo” Zambada and the murky circumstances around his capture. Jeff ended up in court in Chicago to represent Joaquin Guzman Lopez, the son of “El Chapo” and the second person on the plane with El Mayo when they touched down in Texas from Mexico.Jeff also discusses the anointment of Kamala Harris as the Democratic nominee, after it became crystal clear that Biden was set up in that debate, only to be forced out. Harris is incredibly unlikable and incompetent, which is why she was trounced in the 2020 primaries; only if she could be installed at the last minute, without winning a single primary or vote, could the liberal press – which lampooned her for 3 ½ years – turn on a dime and push her cackling carcass across the finish line, all the while hiding her flaws. To Jeff, what hurts the most is Harris' horrible treatment of Blacks in California when she was the San Francisco DA and the state's Attorney General: Blacks make up 6% of the population in California and Harris ensured that the prison population was 29% Black, including mothers whose children were truant from school and non-violent marijuana defendants. That Blacks can forgive her for this treatment is both stupefying and sad. Finally, Jeff discusses the imminent war between Iran and Israel and notes that this is finally the time for the West to rid the world of the global cancer that is the Iranian regime and its terror proxies. Iran has only grown to become more of a threat globally and now may have nuclear weapons: if not now, when can the mullahs be destroyed, as they promise to kill civilians inside Israel, after directing the Hamas October 7 terror attack which killed citizens from all over the world?
In this episode of Beyond the Legal Limit, Jeff dissects the monumental news of Joe Biden dropping out of the presidential race. It's not because he recognized his incompetence, but because his disastrous debate performance left him without support. Jeff describes Biden's fall as a humiliation he richly deserved, detailing how his party, advisors, and even his family abandoned him, using and abusing him until there was nothing left.Moreover, Biden's parting shot—endorsing Kamala Harris—shows his true priorities: pushing a DEI agenda over competent leadership. Jeff pulls no punches in describing Harris as wholly unfit to handle global adversaries like Putin and China.Jeff then turns his attention to the troubling assassination attempt on Donald Trump. With the Secret Service seemingly asleep at the wheel, Jeff questions how a 20-year-old managed to come so close to changing history. From the roof left unguarded to the improbable sharpshooting skills of a previously inept gunman, Jeff explores the plot's glaring inconsistencies and leaves listeners pondering the deeper implications of such a security failure.Tune in for a scathing critique of political incompetence and a chilling look at how dangerously close we came to a national tragedy.
In this episode of Beyond the Legal Limit, Jeffrey Lichtman takes a trip down memory lane, recounting his teenage years during the Iran hostage crisis and his bold fashion choices at Spencer Gifts. Reflecting on his long-standing frustration with the stagnant state of world affairs, Jeff vents about the repetitive and disheartening news cycle that seems to never improve since his days on New York City talk radio.Shifting gears, Jeff dives into a compelling murder case he's currently handling in Queens, NY. A woman falls to her death from a sixth-floor apartment, and her boyfriend stands accused of murder. Jeff outlines the case's core question: was it suicide or foul play? A trial awaits.The episode also tackles the recent Trump-Biden debate. Despite his aversion to Trump, Jeff expresses his desperation, suggesting he'd crawl over glass to vote for Trump, as Biden is barely alive. Jeff lambasts the current administration which is doing all that it can the obvious fact that Biden is not fit for office. And a vote for Biden is essentially a vote for his far-left advisors, who are clearly the ones in charge and who have gotten us into this global mess.
In today's episode, Jeff opens up about his deepening sense of hopelessness regarding the current state of America and its far-reaching implications for the world. He tackles the alarming rise of radical Islam combined with extreme liberalism and the surprising alliances formed with fringe far-right groups, all united by a shared hatred.Jeff doesn't mince words as he describes shocking incidents in New York City, including threats against Jewish individuals by Hezbollah supporters on the subway. He provides detailed accounts of these disturbing events, highlighting the lack of pushback and the growing acceptance of extremist ideologies. With a critical eye on how we've allowed such radical elements to proliferate, Jeff calls for urgent action and awareness, warning that our complacency could lead to disastrous consequences.This isn't a feel-good podcast, but a crucial wake-up call about the realities we face. If you're looking for light entertainment, this isn't the episode for you. But if you care about the future of America, listen on.Get episodes sent directly to you via email by subscribing at https://beyondthelegallimit.com/subscribe.
Today, Hunter is joined Lucian Dervan, Professor of Law and Director of Criminal Justice Studies at Belmont College and Founding Director of the Plea Bargaining Institute. For more than a decade, Lucian has been at the forefront of uncovering the troubling issues with America's plea deal driven criminal legal system. Lucian founded the Plea Bargaining Institute in order to bring together the latest and greatest research and caselaw on plea bargaining to help people challenge our plea bargaining system. Guests: Lucian Dervan, Professor of Law and Director of Criminal Justice Studies, Belmont College of Law, Founding Director of the Plea Bargaining Institute Resources: Plea Bargaining Institute https://pleabargaininginstitute.com/ Brady v US https://supreme.justia.com/cases/federal/us/397/742/ Lucian's Faculty Page https://www.belmont.edu/profiles/lucian-dervan/ 14 Principles of Plea Bargaining https://www.americanbar.org/groups/criminal_justice/publications/criminal-justice-magazine/2024/winter/fourteen-principles-path-forward-plea-bargaining-reform/ Plea Bargaining Study https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1000&context=jclc Follow Lucian https://x.com/luciandervan?lang=en Contact Hunter Parnell: Publicdefenseless@gmail.com Instagram @PublicDefenselessPodcast Twitter @PDefenselessPod www.publicdefenseless.com 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 *Any Comments made by Myself are mine and mine alone and do not reflect the views of the Colorao Office of the State Public Defender*
In this podcast, Jeff takes to task Donald Trump's defense attorneys who expressed their belief they never had a chance at trial. Does any high profile defendant have a decent chance in a criminal trial in NYC? Of course not — but that doesn't mean the lawyers should give a lackluster, whiny effort. Clear, avoidable mistakes were made and yet again, Trump's choice of lawyers results in an L. In other news, the Biden administration and the Democrats are doing all they can to keep Hamas in power and to destroy Israel. Not surprisingly, we now have Muslim terrorists and their supporters running wild on the streets of America. As America goes, so goes the world and the global anti-semtiism is at a level not seen since the Nazis. It is becoming increasingly rare to find good people to do the right thing when it comes to standing up to Muslim terror and for America: Jeff examines this phenomenon and asks you to harken back to his Oct 8, 2023 podcast where he predicted this sorry result.
In this explosive episode of Beyond the Legal Limit, Jeffrey Lichtman delves into the disturbing rise of extremist activities on college campuses, focusing on a recent incident at Columbia University where Jewish students were targeted by pro-Hamas radicals. Imagine sending your child to a prestigious university, only to find they're subjected to hate-filled tirades from supporters of terrorism, right in the heart of their college campus—a place they should feel safe.Lichtman doesn't just narrate the events; he paints a vivid picture of the parental nightmare and the ideological battleground that many top-tier universities have become. With tuition fees sky-high, parents and students alike are left questioning the value of an education marred by unchecked radicalism and administrative apathy.As Jeffrey peels back the layers on this issue, he exposes the network of funding and support that sustains such extremist activities, suggesting the need for a deeper investigation, perhaps even at the congressional level. This episode is a call to action: for parents, students, and policymakers to reclaim the sanctity of education from the clutches of radicalism. Tune in as Lichtman brings his trademark fiery analysis to this urgent issue, demanding accountability.Subscribe to BTLL Direct to get episodes delivered to your inbox each week: https://BeyondTheLegalLimit.com/subscribe
In this podcast, Jeff discusses the Iranian missile attack on Israel which could have led to thousands of deaths if not for the skill of the Israelis and the incompetence of Iran. Regardless, a new status quo must be set: any Iranian terror proxy attack on Israel needs to be met with an attack on Iranian soil. Furthermore, the celebrations by the “ceasefire now crowd” as Iran was raining missiles down on Israel reveals the obvious: it was never about a wish for peace with the calls for ceasefire; it was always about saving Hamas to kill again. On a different note, Jeff compares two of the greatest rock bands of all time: The Who and Led Zeppelin. Despite The Who's massive catalogue of hits, they lack one volcanic element in their music which renders them in second place. Jeff reveals all, the dangers of looking for Satan in a backwards playing musical anthem, as well as only the second song that brings him to tears.
In this April Fool's Day podcast, Jeff reminisces about simpler times and lemonade stands, a time before the internet and cell phones — and how kids used to learn about new music. Jeff opines on the over the top searches of Sean Combs' two homes as he reveals he's been hired to represent P. Diddy's son. The government rarely fights fair when they have a major target in its sights. Jeff discusses how two top American universities handled their Muslim terror students in diametrically opposite ways: depending on whether the schools want to protect the students or the terrorists. As parents, the choice is obvious where to send your kids.Why do white supremacists conspire with Middle Eastern terrorists? A tale as old as time (or at least back to Nazi Germany). Finally, Jeff ends the podcast with a bang: he reveals the greatest rock album of all time. You can write to Jeff at https://BeyondTheLegalLimit.com/contact.
Dive into the complex history of America's drug war with George Fisher, former Massachusetts Attorney General and acclaimed scholar of criminal law. In his latest book, "Beware Euphoria," Fisher explores the moral and racial dimensions of drug prohibition, challenging conventional narratives. Join the conversation on Stanford Legal as Fisher discusses the impact of racial justice movements on drug policy, including the legalization of cannabis, offering profound insights into a contentious issue shaping legal and social discourse.Connect:Episode Transcripts >>> Stanford Legal Podcast WebsiteStanford Legal Podcast >>> LinkedIn PageRich Ford >>> Twitter/XPam Karlan >>> Stanford Law School PageStanford Law School >>> Twitter/XStanford Law Magazine >>> Twitter/XLinks:George Fisher >>> Stanford Law School PageBeware Euphoria: The Moral Roots and Racial Myths of America's War on Drugs(00:00:00) Chapter 1: The Origins of Drug Prohibition Podcast guest, George Fisher, traces the history of drug prohibition, highlighting the departure of cannabis use from medical preservation. He also discusses the 19th-century roots of drug prohibition, particularly the moral concerns driving the anti-drug laws.(00:11:42) Chapter 2: Racial Narratives and Mass IncarcerationRich Ford discusses the common narrative linking mass incarceration to the war on drugs and its alleged racial motivations. Fisher challenges this narrative, arguing that early drug laws were about protecting whites' moral purity rather than targeting people of color. The conversation explores the racial dynamics of early drug laws, emphasizing the racism of indifference rather than explicit targeting.(00:20:20) Chapter 3: Moral Valence of Mind-Altering Drugs Fisher delves into the historical moral perceptions of mind-altering drugs, tracing back to Early Christian notions of reason and morality.He explains why certain drugs, like opium and later marijuana, were seen as threats to moral character, while alcohol was treated differently due to its varied uses.(00:26:15) Chapter 4: Legalization of Marijuana and Racial Justice The conversation shifts to the legalization of marijuana, highlighting its historical bans and recent movements towards legalization. Concerns about the increasing potency of marijuana and its potential backlash are explored, suggesting a need for careful regulation and messaging.(00:30:19) Conclusion: Closing RemarksRich Ford wraps up the conversation with George Fisher discussing insights and emphasizing the importance of discussing the ongoing struggle with drugs and intoxicants.
Jeff dives into the almost comedic legal saga of Michael Cohen, Trump's former fixer, and his quest to end his federal supervised release early. Despite the steep odds, Cohen found a lawyer dumber than him and hilarity ensues.Jeff's week also ran the gamut from representing Chapo's son in Chicago on Monday to being on the business end of an emotional meltdown from opposing counsel during a deposition on Friday.Switching gears, Jeff riffs on the raw, rebellious roots of punk rock, spotlighting The Clash as the epitome of the genre's defiance and the personal resonance it holds for him. Some fantastic music finds its way into this episode — including the song he plays in his ears as all his trials are about to begin.The conversation takes a serious turn as Jeff tackles the recent violent breach at the Texas border by migrants, signaling the Biden administration's surrender of the border solely for political gains. In short, our country has been sold out.Finally, Jeff notes the expected abandonment of Israel by the Democrats. Iran is watching and the implications to our national security will be huge. For all these reasons, a change has to come in November — or else.
Jeff explains how he discovered the band Devo — and led him to rediscover the Rolling Stones. All of this sets the stage for some disgusting stories about peanut brittle and school stairwells.In other news, Joe Biden is terrified of losing the Muslim terror vote in Michigan. So what if these voters openly support Hamas and claim the October 7 massacre in Israel was an inside job? Joe Biden needs these votes so our allies need to die for them. In short: Donald Trump is an idiot but you'd be a bigger idiot to vote for Joe Biden.
In this month's On the Same Page episode, hosts Ashley Bender and Michael Olson embark on a thought-provoking exploration of the acclaimed book "Punishment Without Trial: Why Plea Bargaining Is a Bad Deal" by Carissa Byrne Hessick. Join us as we dissect the intricate layers of the plea bargaining system and unravel its profound implications on our criminal justice system. Drawing from Hessick's insightful analysis, we delve into the complexities of plea bargaining, shedding light on its prevalence, mechanics, and the far-reaching consequences for defendants, victims, and society at large. Through engaging discussions with legal experts, scholars, and practitioners, we examine the ethical dilemmas, systemic inequalities, and erosion of due process inherent in this often-overlooked aspect of our legal system. As we navigate through the pages of "Punishment Without Trial," we confront uncomfortable truths and challenge conventional wisdom, sparking a dialogue on the urgent need for reform. Join us as we confront the realities of plea bargaining and strive towards a more just and equitable path forward in Oklahoma's pursuit of justice.
In this podcast, Jeff admits that although he is not a Trump fan, it's simply impossible to ignore the fact that the criminal and civil trials brought against him were done so to prevent his election. None of these cases were serious enough that they needed to be brought. But they were and it wouldn't be so painful if his opponent was even remotely competent. But Joe Biden has opened the floodgates to millions of illegals including criminals, terrorists and spies — and now we will all pay. Biden's foreign policy decisions regarding Israel are now wholly impacted by Hamas supporters in Michigan, a state he feels he can't afford to lose. So while dozens of Americans were killed and kidnapped by Hamas on October 7, Biden is hell-bent on saving Hamas in order to gain the Muslim terror vote. Claiming that Hamas doesn't speak for the Palestinian people is also an easily-proven lie.Two musical interludes today: Lou Reed/The Velvet Underground and Big Star. Two hugely important bands that were ahead of their time. Jeff describes his dinner with Lou Reed as the time of his life. Using the urinal next to Big Star's Alex Chilton was also a fine moment.And lastly, Jeff provides a huge update on his Assisting Suicide case in upstate New York.
In this new podcast, Jeff describes two court appearances from this past week, one before Trump's judge from his defamation case and the other the detention hearing for his assisted suicide-charged client; a loss would guarantee his elderly client dying in jail before he even gets to trial.Otherwise, Jeff points out the Democrats' dual election strategies, present and future: altering foreign policy to appease Muslim terror supporters in swing states and keeping the borders open to ensure more future Democrat voters, regardless of the havoc each strategy will cause America.Finally, the second installment of the musical interlude is here and Jeff practically begs to get sued.
In this new podcast, Jeff patiently breaks down the disastrous handling of Trump's latest trial: it couldn't be more obvious that his lawyer had never tried a federal case before. What does that tell us about Trump's judgment when he hires the dumbest lawyer in America? A music recommendation. Just listen to it, you'll thank Jeff later. And some breaking news about two new cases Jeff was hired on: an assisted suicide case that may result in an 85-year-old doctor dying in prison; and Ivy League terrorists made to smell bad after calling for murder, genocide, and terrorism: they demand arrests.
Pretrial Procedures. Arraignment. Arraignment is a critical stage in criminal proceedings, marking the formal start of a criminal case against an individual. Process of Arraignment: Reading of Charges: The defendant is informed of the charges against them. Entering a Plea: The defendant enters a plea (guilty, not guilty, or no contest). Appointment of Counsel: If the defendant cannot afford an attorney, one will be appointed. Bail Hearing: A bail hearing may be conducted to determine if the defendant can be released from custody. Bail and Pretrial Detention. Bail is a system designed to ensure the defendant's appearance at trial while allowing them to remain free until the trial. Principles of Bail: Right to Bail: Most defendants have a right to bail, except in certain serious cases. Determining Bail Amount: Factors include the severity of the crime, flight risk, and the defendant's criminal history. Controversies Surrounding Bail: Inequality in the Bail System: Concerns arise when defendants cannot afford bail, leading to unequal treatment based on economic status. Risk to Public Safety: Releasing potentially dangerous individuals on bail poses public safety risks. Plea Bargaining. Process and Legal Standards. Plea bargaining is a process where the defendant agrees to plead guilty to a lesser charge in exchange for a more lenient sentence or the dropping of other charges. Stages of Plea Bargaining: Negotiation: Involves discussions between the defense attorney, the prosecutor, and sometimes the judge. Agreement: A plea deal is reached, outlining the plea and the expected sentence. Court Approval: The court must approve the plea deal, ensuring it is voluntary and has a factual basis. Legal Requirements: Voluntariness: The defendant's decision to accept a plea deal must be voluntary and not coerced. Knowing and Intelligent Decision: The defendant must fully understand the rights they are waiving by pleading guilty. Ethical Considerations Ethical concerns in plea bargaining include: Pressure on Defendants: Concerns arise over whether defendants are pressured into accepting plea deals. Transparency and Fairness: Ensuring the plea bargaining process is transparent and fair to both parties. Overcrowded Court System Influence: The need to alleviate crowded court dockets should not compromise the quality of justice. Trial Process. Jury Selection. Jury selection, or voir dire, is the process of selecting the jurors who will decide the case. Process of Jury Selection: Summoning Potential Jurors: A group of potential jurors is summoned to court. Questioning: The judge and attorneys question the potential jurors to determine any biases or inability to be impartial. Selection: Jurors are selected to form the jury. Legal Standards for Jury Selection: Fair Cross-Section of the Community: The jury pool must represent a fair cross-section of the community. Elimination of Biased Jurors: Potential jurors who show bias or preconceived notions about the case can be removed. Burden of Proof. In a criminal trial, the burden of proof rests on the prosecution. Understanding Burden of Proof: Standard of Proof: The prosecution must prove the defendant's guilt “beyond a reasonable doubt.” Reasonable Doubt: A standard of proof that ensures the jury is firmly convinced of the defendant's guilt. Verdict and Sentencing. After the trial, the jury deliberates and reaches a verdict. If the defendant is found guilty, the judge determines the sentence. Steps in Verdict and Sentencing: Jury Deliberation: The jury discusses the case and votes on the verdict. Announcement of Verdict: The verdict is read in court. Sentencing: If guilty, the judge sentences the defendant, considering various factors like the nature of the crime and criminal history. --- Send in a voice message: https://podcasters.spotify.com/pod/show/law-school/message Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support
In this new episode, Jeff explains how liberals have gone from goofy tree huggers to treasonous conspirators with America's worst enemies. Now the Houthis, who brought slavery back to Yemen — among other charming progressive ideals — are the darlings of the far left. We must stop this idiocy before we surrender the country to these lunatics.Jeff also explains that former Harvard president Claudine Gay should be an embarrassment to the Black community, not a fraudulent victim of racism. Pervasive academic fraud and rampant anti-Semitism should quickly require a university president to resign.
In this new podcast, Jeff details the massive global hypocrisy in the condemnation of Israel and the calls for a ceasefire in Gaza — as Hamas slaughters its own people and murders civilian hostages they took on Oct 7. The hypocrisy hit a crescendo last week as the presidents of Harvard, Penn, and MIT somehow couldn't say that calling for the genocide of Jews is against their schools' code of conduct. This level of idiocy isn't surprising as each of the three schools is admitting inferior students and ensuring they graduate with A averages — churning out useless graduates. On a lighter note, Jeff details what life was like growing up in the 70s. Many parental beatings and the occasional mouth washed out with soap!
In this podcast, Jeff breaks down the utter insanity of Jew hate which has erupted globally as well as in NYC and throughout American college campuses. And he points out that now is the time to speak up. If you can't open your mouth now, you may never get another chance. Some students are heeding the call and refusing to be silent. Some strong voices for justice are coming from the most shocking places. Maybe it's time for you to wake up as well?Subscribe on our website to get episodes sent directly to your email inbox on Monday mornings: https://BeyondTheLegalLimit.com/subscribe
In this episode, trial lawyer Matt Martens explains how our American criminal justice system is broken and that in order for us to love all of our neighbors well, reforms need to be made. Matt Martens (JD, University of North Carolina School of Law; MABS, Dallas Theological Seminary) is a trial lawyer and partner at an international law firm in Washington, DC. He has spent the bulk of his more than twenty-five-year legal career practicing criminal law both as a federal prosecutor and as a defense attorney. He is also the author of 'Reforming Criminal Justice: A Christian Proposal' from Crossway. Read the full transcript of this episode. If you enjoyed this episode be sure to leave us a review, which helps us spread the word about the show! Complete this survey for a free audiobook by Kevin DeYoung!
In this podcast, Jeff provides an update on the war between Israel and Palestinian terrorists: “humanitarian” terror supporters are rampaging all over America and Europe demanding a ceasefire — even as they call for the genocide of Jews. Has anyone noticed either the hypocrisy of the “protestors” or that somehow we allowed hundreds of thousands of Islamist maniacs into our country after 9/11?Donald Trump definitely will not be in prison by Election Day. No chance.And Jeff has very colorful memories of a Puerto Rican Day Parade he was caught in the middle of, and how he, a white lawyer from NJ, survived it.
In this podcast, Jeff discusses the aftermath of last week's Palestinian massacre in Israel — laid bare are two opposing sides in the battle for civilization: you're either with Israel against the Islamic terror horde or you are with the terrorists. This is a battle between light and darkness, good and evil. There is no more grey area. Silence is complicity. Pick your side wisely.
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This weekend saw the worst terror attack ever against Israel by the Palestinian-elected government. Children, women, and the elderly were raped, tortured, kidnapped, and killed. Citizens of multiple countries including the US, Mexico, and Germany were victims. Yet there are no #bringbackourgirls signs being held up by a sad-faced Michelle Obama, and Democrats held rallies for the Palestinian terrorists. Israel goes it alone, again, against the world's worst Muslim terrorists. Tune in to hear what they should do next.
In this new episode of Beyond the Legal Limit, Jeff explains the only issue that matters in the next election, which affects all the other issues: the invasion at our border. When even the liberal mayor and governor of NYC and NYS agree, it's time to wake up before it's too late. Jeff also discusses his client Ovidio Guzman's extradition to the U.S. and what comes next. Finally, Jeff reveals the origin of his germ phobia, which began with a tub of tuna fish and continues every time he orders a 12-inch sub at Subway.Get episodes sent directly to your inbox.
This episode explains Jeff's strategy behind achieving practically three no-jail federal sentencings in eight days — on cases totaling $11 million in fraud. Jeff also reveals that NYC Mayor Adams finally admits that the Biden administration's open border policy has destroyed his city. MAGA is mad at Jeff — the voicemail one of them left is priceless — and the Proud Boys actually think Trump will save them. Finally, Trump's brainless mouthpiece strikes again.Receive episodes directly to your inbox.
Danny Murphy, the Director of Right on Crime for Virginia and West Virginia, joins Garrett Ballengee and Jessica Dobrinsky Harris, Cardinal's Policy Analyst, for a discussion of what it means to reform the criminal justice system in America and how we can approach this issue from a perspective rooted in the principles of liberty. In this episode, we tackle issues like mandatory minimums, what it means to be “tough on crime,” differences in types of drug offenders, bail reform, plea bargaining, federalism, and more. Right on Crime ---------- Garrett Ballengee, Host Executive Director - @gballeng Cardinal Institute for West Virginia Policy Amanda Kieffer, Executive Producer Communications Director - @akieffer13 Cardinal Institute for West Virginia Policy Tony Reed, Editor & Producer Associate Director of Operations - @treed1134 International Center for Law & Economics Follow: YouTube, Twitter, Facebook, LinkedIn, Instagram Support: Patreon, Donate, Newsletter
Although a right to trial is enshrined in the American Constitution, practically the nation's criminal justice system now resolves almost all cases through plea bargaining. This has raised many questions, including whether innocent people are effectively coerced into pleading guilty, whether similarly situated defendants are treated equally, and whether there is enough transparency to evaluate the system's effectiveness and correct injustices. In February 2023, a task force assembled by the Criminal Law Section of the American Bar Association released a report that made numerous recommendations for changing current policy and practice on plea bargaining. Amid a system struggling with COVID-era backlogs and rates of serious crimes that largely remain above 2019 levels, are there ways to bolster the effective availability of the right to trial without jeopardizing public safety or requiring an unrealistic increase in system capacity? Featuring:--Clark Niely, Senior Vice President for Legal Studies, Cato Institute--Kent Volkmer, Pinal County Attorney, Pinal County, Arizona--[Moderator] Marc Levin, Chief Policy Counsel, Council on Criminal Justice
What happened to the jury trial, something considered essential to the Founders' vision for a criminal justice system? Dan Canon traces the slow death of the American jury trial in Pleading Out: How Plea Bargaining Creates a Permanent Criminal Class. See acast.com/privacy for privacy and opt-out information.