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Welcome to NACDL's podcast series, "The Criminal Docket," hosted by Ivan J. Dominguez, NACDL's senior director of public affairs & communications. NACDL is the National Association of Criminal Defense Lawyers and is well-known to many as "Liberty's Last Champion."
Each episode of "The Criminal Docket" explores important items on the criminal justice agenda, in-depth, with top leaders in the legal practice, public policy, journalism, academia, and others whose lives intersect with the criminal justice system.
Each episode of "The Criminal Docket" explores important items on the criminal justice agenda, in-depth, with top leaders in the legal practice, public policy, journalism, academia, and others whose lives intersect with the criminal justice system.
65 Episodes
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In this episode, NACDL Public Affairs and Communications Associate Madeline Sklar sits down (virtually) with Alabama criminal defense attorney Richard S. Jaffe to discuss his NACDLPress publication, Quest for Justice: Defending the Damned 2nd Ed., his four decade-long legal career, and the case of Toforest Johnson. Learn more about NACDL. Madeline Sklar, guest host. Music West Bank (Lezet) / CC BY-NC-SA 3.0 and Walkabout (Digital Primitives) / CC BY-NC-ND 3.0.
In this episode, NACDL Executive Director Norman L. Reimer sits down (virtually) with Founder and Executive Director of Civil Rights Corps Alec Karakatsanis to discuss his book Usual Cruelty: The Complicity of Lawyers in the Criminal Injustice System. Karakatsanis’ book offers a timely critique of the criminal “injustice system” and those who consciously or unconsciously uphold it. Learn more about NACDL. Norman L. Reimer, guest host. Music West Bank (Lezet) / CC BY-NC-SA 3.0 and Walkabout (Digital Primitives) / CC BY-NC-ND 3.0.
NACDL Executive Director Norman L. Reimer recently interviewed NYU School of Law Professor Rachel E. Barkow, author of Prisoners of Politics: Breaking the Cycle of Mass Incarceration, published earlier this year. Professor Barkow’s outstanding and well-researched book calls for an approach to criminal justice grounded in rational decision making rather than emotional fervor driven by political expedience. Learn more about NACDL. Norman L. Reimer, guest host. Music West Bank (Lezet) / CC BY-NC-SA 3.0 and Walkabout (Digital Primitives) / CC BY-NC-ND 3.0.
In this episode, we learn about two very interesting and innovative organizations opening the doors of rehabilitation, skills development, and successful re-entry for women in and coming out of the prison system – Televerde and the Arouet Foundation. We hear from Michelle Cirocco, Chief Social Responsibility Officer at Televerde, and Alison Rapping, Chief Executive Officer of Arouet, both based in Phoenix, Arizona, about the incredible opportunities they are providing for women coming out of incarceration. Learn more about NACDL. Ivan J. Dominguez, host. Music West Bank (Lezet) / CC BY-NC-SA 3.0 and Walkabout (Digital Primitives) / CC BY-NC-ND 3.0. Running time: 28m37s.
In this episode, we hear from Judge Jeffrey S. Sutton who sits on the United States Court of Appeals for the Sixth Circuit. Judge Sutton recently released a terrific book, 51 Imperfect Solutions: States and the Making of American Constitutional Law. There is much to learn for criminal defense lawyers and others from Judge Sutton’s book and from this podcast. I spoke with Judge Sutton by phone last month while he was teaching state constitutional law in the January term at Harvard Law School. Learn more about NACDL. Ivan J. Dominguez, host. Ian Nawalinski, production assistant. Music West Bank (Lezet) / CC BY-NC-SA 3.0 and Walkabout (Digital Primitives) / CC BY-NC-ND 3.0. Running time: 22m31s.
In this episode, we explore the ongoing, multi-year effort to bring criminal discovery reform to the Commonwealth of Virginia, an effort in which NACDL has been a leader. First, I spoke with Doug Ramseur, the capital defender for central Virginia and past president and current board member of Virginia Association of Criminal Defense Lawyers. We then hear from Virginia State Senator Bill Stanley and NACDL’s Senior Manager for Advocacy Monica Reid. Learn more about NACDL. Ivan J. Dominguez, host. Music West Bank (Lezet) / CC BY-NC-SA 3.0 and Walkabout (Digital Primitives) / CC BY-NC-ND 3.0. Running time: 24m08s.
In this episode, we hear from Derrick Johnson, President and Chief Executive Officer of the NAACP, the nation’s oldest civil rights organization. I caught up with Mr. Johnson after a meeting he had in New York concerning the NACDL/FAMM State Clemency Project, which the NAACP is supporting. Mr. Johnson spoke about the NAACP, criminal justice reform, race and the criminal justice system, the collateral consequences of arrest or conviction, and clemency. Learn more about NACDL. Ivan J. Dominguez, host. Music West Bank (Lezet) / CC BY-NC-SA 3.0 and Walkabout (Digital Primitives) / CC BY-NC-ND 3.0. Running time: 11m43s.
As part of NACDL’s Public Defense Training Program, NACDL visited Utah to provide a free training to defense lawyers. While in Utah, NACDL Public Affairs & Communications Assistant Allie Funk had the opportunity to sit down with Judge Michael W. Kwan to discuss the right to counsel in America. Since 1998, Judge Kwan has served the Taylorsville Municipal Justice Court in Taylorsville, Utah, which is a suburb of Salt Lake City. This court is one of limited jurisdiction, meaning it handles Class B misdemeanors, Class C misdemeanors, and infractions. Judge Kwan presides over a range of charges, from speeding and moving violations to drug possession, sex work, domestic violence, and driving under the influence. Learn more about NACDL. Alexandra Funk, host; Ivan J. Dominguez, production assistant. Music West Bank (Lezet) / CC BY-NC-SA 3.0 and Walkabout (Digital Primitives) / CC BY-NC-ND 3.0. Running time: 17m45s.
In this episode, we hear from American University School of Communication Professor Rick Stack about a forthcoming, very important documentary concerning the death penalty in America, entitled In The Executioner’s Shadow. This documentary is co-produced by Rick Stack and Professor Maggie Burnette Stogner, also of the American University School of Communication. And the project has been made possible through the support of American University. On Wednesday, April 11, the American University School of Communication will be hosting the first pre-screening of the film. The event is open to the public. Following the pre-screening, there will be a panel discussion. The panel will consist of the three primary characters in the documentary as well as both filmmakers and Diann Rust-Tierney, executive director of the National Coalition Against Death Penalty. Learn more about NACDL. Ivan J. Dominguez, host. Music West Bank (Lezet) / CC BY-NC-SA 3.0 and Walkabout (Digital Primitives) / CC BY-NC-ND 3.0. Running time: 12m40s.
Tomorrow is March 1, the start of Women’s History Month, and the National Association of Criminal Defense Lawyers, through its publishing unit NACDL Press, is releasing The Feminine Sixth: Women for the Defense, a groundbreaking book on women in criminal defense by Andrea D. Lyon. Ms. Lyon is a leading criminal defense attorney, legal scholar, Dean and Professor of Law at Valparaiso University School of Law, and decades-long NACDL member. The Feminine Sixth: Women for the Defense probes the non-fictional accounts of women criminal defense lawyers. Set at a fictional symposium held during Women’s History Month, nine accomplished lawyers reveal the unique ways in which they experience criminal defense practice, the courtroom, and their relationships with clients. With detailed insight into their personal and professional lives, this book illuminates the vital role and immense contributions of women in the profession. Each page invites the reader to travel through moments of justice and injustice, sorrow and joy, and failure and success. The Feminine Sixth: Women for the Defense offers an intimate story of those who tirelessly represent people accused of crime. Order your copy of The Feminine Sixth: Women for the Defense at www.thefemininesixth.com. And join the conversation with #TheFeminine6th on Facebook at www.facebook.com/thefeminine6th and on Twitter at www.twitter.com/thefeminine6th. Learn more about NACDL. Ivan J. Dominguez, host; Alexandra Funk, production assistant. Music West Bank (Lezet) / CC BY-NC-SA 3.0 and Walkabout (Digital Primitives) / CC BY-NC-ND 3.0. Running time: 14m47s.
In this podcast, we hear from Professor Cara Drinan about her new book released today by Oxford University Press, The War on Kids: How American Juvenile Justice Lost Its Way. This is a must read. Professor Drinan’s masterful and accessible book weaves together the stories of individual children in our criminal justice system with history, analysis, and a prescription for reform. I have to say, I just love it when a single book can make me so well-informed, educated, and empowered on such an important issue that is urgently challenging America. Professor Drinan is a professor of law at the Catholic University of America. I had a chance to sit down with her recently at the George Washington University School of Law where she is visiting for the year. Learn more about NACDL. Ivan J. Dominguez, host; Alexandra Funk and Ian Nawalinski, production assistants. Music West Bank (Lezet) / CC BY-NC-SA 3.0 and Walkabout (Digital Primitives) / CC BY-NC-ND 3.0. Running time: 30m58s.
Last year, NACDL released its first report on South Carolina’s summary courts, Summary Injustice: A Look at Constitutional Deficiencies in South Carolina's Summary Courts. This first report was a joint project with the American Civil Liberties Union (ACLU) and the ACLU of South Carolina. Then, earlier this year, NACDL released its second report on South Carolina's summary courts, Rush to Judgment: How South Carolina's Summary Courts Fail to Protect Constitutional Rights. As demonstrated in the reports, these courts routinely fail to inform defendants of their right to counsel and refuse to provide counsel to the poor at all stages of the criminal process. South Carolina summary courts also regularly violate the Constitution by sentencing defendants to jail simply because they cannot afford to pay fines. In this podcast, we hear from Diane DePietropaolo Price, who until recently served as NACDL’s Public Defense Training Manager. Diane was the lead author of the 2016 Summary Injustice report. We also hear from Dr. Alisa Smith, the Chair of the Department of Legal Studies at the University of Central Florida. Dr. Smith was the lead researcher and co-author of Rush to Judgment. Learn more about NACDL. Ivan J. Dominguez, host; Alexandra Funk and Ian Nawalinski, production assistants. Music West Bank (Lezet) / CC BY-NC-SA 3.0 and Walkabout (Digital Primitives) / CC BY-NC-ND 3.0. Running time: 27m57s.
The Foundation for Criminal Justice (FCJ) and NACDL have established the First Amendment Strike Force and Mass Defense Unit. The goal of this project is to provide qualified counsel to represent protesters when the exercise of First Amendment rights results in arrest and prosecution. Specifically, NACDL supports a cadre of criminal defense lawyers who will be available to provide pro bono assistance to protesters throughout the country in the event of mass arrests. For those lawyers who volunteer, NACDL will maintain a database of available counsel and provide training and support at no cost. In this episode of “The Criminal Docket,” we hear from FCJ President and Past NACDL President Gerald B. Lefcourt. We also learn from volunteer attorneys Mary Chartier, Joshua Dratel, and Bill Gallagher why they have volunteered for this important pro bono initiative. Learn more about NACDL. Ivan J. Dominguez, host; Alexandra Funk and Ian Nawalinski, production assistants. Music West Bank (Lezet) / CC BY-NC-SA 3.0 and Walkabout (Digital Primitives) / CC BY-NC-ND 3.0. Running time: 8m32s.
NACDL Director of Public Affairs & Communications Ivan J. Dominguez recently had the opportunity to speak with attorneys Jonathan Hacker and Deanna Rice from the Washington, D.C. office of O’Melveny & Myers LLP. Jon and Deanna, together with their Associate Kimya Saied, co-authored NACDL’s amicus curiae, or friend of the court, brief to the U.S. Supreme Court in the case of Packingham v. North Carolina. The case concerns the proliferation of collateral consequences that deprive convicted persons of fundamental rights without a sound basis in law. At issue in this case is a North Carolina law that makes it a felony for a person on North Carolina’s registry of former sex offenders to use a social media platform if the site is known to allow minors to have an account. Mr. Packingham was convicted of posting “God is good” on Facebook in celebration of the dismissal of a traffic ticket. Learn more about NACDL. Ivan J. Dominguez, host; Ezra Dunkle-Polier and Alexandra Funk, production assistants. Music West Bank (Lezet) / CC BY-NC-SA 3.0 and Walkabout (Digital Primitives) / CC BY-NC-ND 3.0. Running time: 21m44s.
NACDL Director of Public Affairs & Communications Ivan J. Dominguez recently had the opportunity to speak with University of Illinois College of Law Professor Suja A. Thomas about her new book: The Missing American Jury: Restoring the Fundamental Constitutional Role of the Criminal, Civil, and Grand Juries, published by Cambridge University Press. Today, we’ll hear from Professor Thomas about her research and this important new addition to the body of legal scholarship. You can read more about Professor Thomas and order her book at www.sujathomas.com. Learn more about NACDL. Ivan J. Dominguez, host; Ezra Dunkle-Polier, production assistant. Music West Bank (Lezet) / CC BY-NC-SA 3.0 and Walkabout (Digital Primitives) / CC BY-NC-ND 3.0. Running time: 24m00s.
NACDL Director of Public Affairs & Communications Ivan J. Dominguez recently had the opportunity to speak with NACDL member and attorney Cristina C. Arguedas and her colleagues Ted W. Cassman and Raphael M. Goldman, all from the law firm of Arguedas, Cassman & Headley, LLP in Berkeley, California. Ms. Arguedas was lead defense counsel in one of the year’s most significant federal criminal cases – United States v. FedEx Corp. Messrs. Cassman and Goldman were co-lead counsel in the case, in which Allen Ruby of Skadden Arps in Palo Alto also served as co-counsel. Only shortly after the beginning of the trial, the criminal case against FedEx –- which included charges of criminal distribution of controlled substances, conspiracy and money laundering -- was dismissed with the court “conclud[ing] that the defendants are factually innocent.” In this podcast, you’ll hear from lead counsel representing FedEx about the charges, the defenses, and what should make this a cautionary tale for overreaching prosecutors and an inspirational one for those wrongly accused of criminal wrongdoing. Learn more about NACDL. Ivan J. Dominguez, host; Katherine Holden, production assistant. Music West Bank (Lezet) / CC BY-NC-SA 3.0 and Walkabout (Digital Primitives) / CC BY-NC-ND 3.0. Running time: 32m10s.
NACDL Director of Public Affairs & Communications Ivan J. Dominguez recently had the opportunity to sit down with attorney Matt Kaiser, a partner at the firm of Kaiser, LeGrand & Dillon PLLC in Washington, DC. Mr. Kaiser was lead counsel on an amicus curiae, or friend-of-the-court, brief submitted to the United States Court of Appeals for the 11th Circuit in the case of United States v. Clay. The brief was submitted on behalf of the National Association of Criminal Defense Lawyers, or NACDL, the Reason Foundation, and Five Criminal and Health Law Scholars. This podcast is about that case – United States v. Clay – and the very serious issues implicated by the federal prosecution of the defendants in this case. Selected briefs and related materials about this case are available at www.nacdl.org/USvClay. Learn more about NACDL. Ivan J. Dominguez, host. Music West Bank (Lezet) / CC BY-NC-SA 3.0 and Walkabout (Digital Primitives) / CC BY-NC-ND 3.0. Running time: 24m34s.
I recently had the honor to sit down with Harry C. Alford, President and CEO of the National Black Chamber of Commerce in his offices here in Washington, DC. Mr. Alford spoke about the need for criminal justice reform, his concerns about overcriminalization, and some of the steps he and his organization have taken to be a part of the solution. As far as the state of criminal justice in America, Mr. Alford calls it a national tragedy. Learn more about NACDL. Ivan J. Dominguez, host. Music West Bank (Lezet) / CC BY-NC-SA 3.0 and Walkabout (Digital Primitives) / CC BY-NC-ND 3.0. Running time: 13m57s.
On January 20, Little, Brown and Company released a new book about the detention facility at the U.S. Naval Base in Guantánamo Bay, Cuba. But this book is like no other on the subject that has been published to date. This book, entitled Guantánamo Diary, is the actual, albeit redacted, diary of Mohamedou Ould Slahi who remains imprisoned there by the United States to this day. We caught up with two of Mr. Slahi’s attorneys, Nancy Hollander and Linda Moreno, in the midst of their international appearances in connection with the release of Guantánamo Diary. They share details of Mr. Slahi’s diary and their experiences as his pro bono, or volunteer, attorneys over the past several years. We also hear from NACDL’s Senior Privacy and National Security Counsel Jumana Musa who provides important insight into the post-September 11 history of this detention facility and those imprisoned there. Learn more about NACDL. Ivan J. Dominguez, host; Isaac Kramer, production assistant. Music West Bank (Lezet) / CC BY-NC-SA 3.0 and Walkabout (Digital Primitives) / CC BY-NC-ND 3.0. Running time: 34m54s.
Yates v. United States is a case highlighting the dangerous consequences stemming from the unconstitutional executive expansion of the federal law. In Yates v. United States, the government used a post-Enron anti-shredding statute to prosecute a fisherman for the disappearance of three fish from his shipping vessel. Argument in that case is being heard by the Supreme Court on Wednesday, November 5 at 10:00 a.m. The Criminal Docket recently had the opportunity to catch up with Bill Shepherd who authored NACDL’s amicus curiae – or friend of the court – brief in the Yates case. Bill is a criminal defense lawyer and member of NACDL, is the former statewide prosecutor of Florida and is a partner at the law firm of Holland & Knight. In this episode of The Criminal Docket, Bill gives us some insight into what this case is about and why it’s an important one for all Americans. Learn more about NACDL. Ivan J. Dominguez, host; Isaac Kramer, production assistant. Music West Bank (Lezet) / CC BY-NC-SA 3.0 and Walkabout (Digital Primitives) / CC BY-NC-ND 3.0. Running time: [14m52s].
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