May it Displease the Court

Ep. 33 - Exploring the Reform Prosecutor Movement with Justin Kollar

Here in America, the number of people we choose to incarcerate makes up 25% of the world’s prison population. And that statistic was driven by mainly by state and local “tough on crime” prosecutors.
Prosecutors have a huge amount of power and control over who get criminally charged, who doesn’t, what crimes get pursued, and what crimes get ignored, who gets a plea bargain, and who gets denied or offered rehabilitative diversion programs. 
If you want to change the system the fastest way is to become a reform District Attorney. But while that may be popular with the majority of voters in some areas, even these officials face a ton of well-funded resistance.
In this episode, Justin Kollar, who has been working as and for the Reform Prosecutor Movement since 2012 joins host Mary Whiteside to discuss the ways prosecutors can use their power to advance justice and divert resources to truly help communities and make them safer. 
Find us @courtpod on Twitter and May it Displease the Court on Facebook, Instagram, TikTok, and Clapper
Drop an email at mayitdispleasethecourt@gmail.com. 
We would also love to rate and review the show. It helps others find the program.
Sources
https://fairandjustprosecution.org/about-fjp/our-work-and-vision/ 
 
https://www.civilbeat.org/beat/kauai-prosecutor-stepping-down-for-nonprofit-gig/ 
 
https://fairandjustprosecution.org/about-fjp/our-team/
Article on Willie Simmons: https://www.essence.com/news/willie-simmons-life-prison-alabama-habitual-offender/

Ep. 32 - Making Jury Trials More Fair with Rhian Jones

The Constitution protects our right to an impartial jury. Still, the normal process of selecting a jury often lets attorneys' unconscious or conscious biases infect jury selection. If a juror’s biases are undetected or dismissed as something that can be set aside, they can inflect the verdict leading to wrongful convictions.
Biases are habits of thought or patterns of thinking that include preferences, inclinations, or just impressions. Biases can include cognitive shortcuts that can lead to wrong assumptions or errors in judgment. Judging a past event using what you know today is hindsight bias. Confirmation bias is only seeking information to confirm a prejudgment. All of these are impediments to a fair jury.
The stakes could not be higher for an innocent person accused of a crime. If a jury fills in gaps in the government’s proof with stereotypes, hunches, and vague bad feelings, then the 
In this episode, trial attorney Rhian Jones joins host Mary Whiteside to discuss the dangers of hidden biases on a jury and ideas to make jury selection better and fairer.
Find us @courtpod on Twitter and May it Displease the Court on Facebook, Instagram, TikTok, and Clapper
Drop an email at mayitdispleasethecourt@gmail.com. 
We would also love to rate and review the show. It helps others find the program.
Sources
Rhian Jones
http://etksdefense.com/attorneys/rhian-jones/
Peremptory Challenges
https://www.npr.org/2021/09/06/1034556234/arizonas-supreme-court-eliminates-peremptory-challenges 
https://civiljuryproject.law.nyu.edu/understanding-bias-preserving-peremptory-challenges-preventing-their-discriminatory-use-and-providing-fairer-and-more-impartial-juries/ 
https://abovethelaw.com/2015/11/criminally-yours-dont-eliminate-peremptory-challenges/ Article on Willie Simmons: https://www.essence.com/news/willie-simmons-life-prison-alabama-habitual-offender/

Ep. 31 - Cancel Culture and Wokeness with Prof. Lee Pierce

We hear the terms cancel culture and wokeness thrown around these days, but do you know what they mean? A common defense tactic of someone embroiled in a public and embarrassing controversy is to proclaim loudly, through their platforms, they have been canceled, and of course, the people canceling them have to be woke.
That is what Dr. Nicholas Niciosa and his wife, Mary, claimed after they received public criticism after it became known that they hosted a party with racist themes at their mansion. A lawsuit was filed by an employee whose supervisor took him and other employees to this party during work hours. 
In this episode, we bring back one of the best people on the planet Prof.Lee Pierce. She joins host Mary Whiteside to discuss cancel culture, free speech, and wokeness.
Find us on Twitter @courtpod and May it Displease the Court on Facebook, Instagram, TikTok, Youtube shorts, and we will launch a youtube channel soon.
Drop an email at mayitdispleasethecourt@gmail.com. 
We would also love to rate and review the show. It helps others find the program.
Sources:
https://www.democratandchronicle.com/story/news/2022/08/11/rochester-ny-firefighter-alleges-captain-took-him-to-racist-party-mocking-juneteenth/65400205007/ 
Article on Willie Simmons: https://www.essence.com/news/willie-simmons-life-prison-alabama-habitual-offender/

Ep. 30 - Originalism is Fake

The Conservative majority on the Supreme Court is upending the legal landscape overturning cases like Roe v. Wade, making it almost impossible for states to enact limits on gun possession, and more, all under the guise of a legal theory called originalism. 
In this episode, we bring back one of our most popular guests, Prof. Eric Segall. He joins host Mary Whiteside to discuss his book Originalism as Faith.
Listen as Professor Segall debunks originalism as a legal theory. Self-avowed originalists on the Supreme Court only use the Constitution's original meaning in their opinions when it helps their argument. But, even though they claim originalism is the only correct method of Constitutional interpretation. They effortlessly abandon originalism when it doesn’t help them reach their desired results. In short, originalism is nothing more than a rhetorical device that plays well on Fox News. It masks the Justices’ true motive, which is to impose their moral value judgments on the rest of us without admitting that it is their views. They prefer to claim that they are only doing the will of the Founders, which somehow matches identically with what the Republican Party and their wealthy and religious donors want them to do. What luck!
Find us on Twitter - Prof. Segall is @espinsegall and @scotussegall on TikTok
The podcast is @courtpod on Twitter and May it Displease the Court on Facebook, Instagram and TikTok
Drop an email at mayitdispleasethecourt@gmail.com. 
We would also love to rate and review the show. It helps others find the program.
Sources:
Originalism as Faith
https://www.abebooks.com/Originalism-Faith-Segall-Eric-J-Cambridge/30213915736/bd?cm_mmc=msn-_-comus_shopp_textbook-_-naa-_-naa&msclkid=a2162b84717d1beb3eb94831ae6abfb3 
Read more from Prof. Segal - Originalism as Dangerous Nonsense
http://www.dorfonlaw.org/2022/11/originalism-as-dangerous-nonsense.html?m=1 
Additional References
https://slate.com/news-and-politics/2022/06/alito-dobbs-opinion-ending-abortion-rights-extreme-lines.html 
https://nysba.org/the-supreme-courts-bruen-decision-and-its-impact-what-comes-next/ 
https://www.exposedbycmd.org/2021/11/29/koch-spent-nearly-150-million-2020 
Article on Willie Simmons: 
https://www.essence.com/news/willie-simmons-life-prison-alabama-habitual-offender/

Ep. 29 - Unrig Democracy with Daniel G. Newman

Political divisions are driving wedges at all levels, national, state, communities, and families. The fracture may seem unbridgable. But Americans agree that our government does not work for us. It works for the rich and powerful. Even acknowledging the problem can make you feel overwhelmed, and the knee-jerk reaction is often to look away because the solution feels impossible to achieve. 
In this episode, Daniel G. Newman joins host Mary Whiteside to discuss his graphic novel Unrig: How to fix our broken democracy, art by George O’Connor.
Unrig a nonfiction graphic novel by democracy reform leader Daniel G. Newman and artist George O’Connor takes readers on a journey. First it explains how the system is rigged in favor of the rich and powerful and then highlights the heroic efforts of those unrigging the system to limit the influence of big/dark money and to return political power to the voters. 
​”If you're overwhelmed by negative news and despairing for the direction of our country, Unrig is a tonic that will restore your faith and reveal the path forward to fix our broken democracy.”
Find us on Twitter - Daniel is @danielgnewman, and the podcast is @courtpod.
Drop an email at mayitdispleasethecourt@gmail.com. 
We would also love to rate and review the show. It helps others find the program.
Sources:
Learn about and buy Unrig
https://www.unrigbook.com/ 
Check out Daniel’s organization Maplight
https://www.maplight.org/
Article on Willie Simmons:
 
https://www.essence.com/news/willie-simmons-life-prison-alabama-habitual-offender/

Ep. 28 - Brighten Ax Murder Solved?

Kathy Krauseneck, a wife and mother of a three-year-old girl, was murdered with an ax while sleeping in her bed nearly 40 years ago. Her husband, James, was initially a suspect, but almost 40 years passed, and no one was charged in Kathy’s death. The District Attorney reopened the case, and a new forensic pathologist looked at the evidence. 
Armed with a new forensic opinion, the DA’s office indicted James for the death of his wife 40 years ago, claiming the case is solved. But is it
In this episode, we speak with defense attorney Don Thompson, whose firm Easton, Thompson, Kasperak, and Shiffrin, represent James and attorney Alison Carling, who used to live in the house which was the crime scene of the infamous Brighton Ax Murder. 
Find us on Twitter - @courtpod. 
Drop an email at mayitdispleasethecourt@gmail.com. 
We would also love to rate and review the show. It helps others find the program.
Sources
https://news.yahoo.com/james-krauseneck-sentenced-25-years-205415303.html?guccounter=1&guce_referrer=aHR0cHM6Ly93d3cuYmluZy5jb20v&guce_referrer_sig=AQAAACDrNVg0af3GFiGtqs7EFbZnjb2h_Tn3ZkHe_DIpxV9wnRszg6XHMQ1ye4wMvkviPZzSzAJvrMPFpYfXrJIT-bCf9QEEgZLt_4tP_we3cdwWxecPj_1QGYv_wyX0lFKqXTRzolDAJpJ5DtfYlSP9ExtcLp4BG05Yp20mv1AXO74L 
https://www.oxygen.com/crime-news/james-krauseneck-gets-25-to-life-for-wifes-1982-ax-murder 
https://www.thedailybeast.com/jeffrey-epstein-camp-sends-pathologist-michael-baden-to-watch-over-his-autopsy 
https://nymag.com/intelligencer/2019/10/why-to-be-skeptical-of-michael-baden-on-epsteins-death.html 
https://vimeo.com/58066171 
https://www.zillow.com/homedetails/33-Del-Rio-Dr-Rochester-NY-14618/30904078_zpid/ 
Article on Willie Simmons: 
https://www.essence.com/news/willie-simmons-life-prison-alabama-habitual-offender/ 

Ep. 27 - Judicial Abuse of Law Clerks with Aliza Shatzman

In this episode, we continue the taboo discussion about law clerks. Only this time, we get even more controversial. 
Did you know that Federal Judges empowered to judge discrimination and harassment cases are exempt from the same anti-discrimination laws that apply to other government branches and private employers? Yup, Judges are above the law. And some Judges abuse their staff with impunity. 
In this episode, we speak with Aliza Shatzman, co-founder of The Legal Accountability Project, a nonprofit aimed at ensuring that law clerks have positive clerkship experiences while extending support and resources to those who do not. 
Find us on Twitter - @courtpod. 
Drop an email at mayitdispleasethecourt@gmail.com. 
We would also love to rate and review the show. It helps others find the program.
Sources:
https://ballsandstrikes.org/ethics-accountability/judicial-accountability-act-2021/
Former 9th Circuit Court of Appeals Judge Alex Kozinskihttps://www.washingtonpost.com/world/national-security/judge-who-quit-over-harassment-allegations-reemerges-dismaying-those-who-accused-him/2018/07/23/750a02f2-89db-11e8-a345-a1bf7847b375_story.html 
Legal Accountability Project website https://www.legalaccountabilityproject.org/   
Article on Willie Simmons: https://www.essence.com/news/willie-simmons-life-prison-alabama-habitual-offender/ 

Ep. 26 - Fighting Police Brutality with Don Thompson

In this episode, we examine how you can use the courts to fight police brutality. 
A brief review of the death of Daniel Prude, which we discussed at length in a previous episode.
Imagine your brother is visiting you from out of state. Sadly, he experiences a mental health crisis and runs out of your house on a freezing winter night. You call the police, desperate, asking for help finding your brother. You have no idea that getting the police involved will cause your brother to die.
That is what happened to Joe Prude and Daniel Prude in March 2020.
Police found Daniel naked, clearly unarmed, acting erratically in the freezing cold. Daniel’s life ended seven days after police handcuffed him, naked, face down in the middle of the street, put a spit sock over his head and restrained him on the ground until he lost consciousness.
Police and government officials tried to cover up police actions that resulted in Daniel’s death. Don sued to have the police body camera footage released to the family and held a press conference to inform the public.  Protests erupted, and the police cracked down hard. 
In this episode, we speak with Don Thompson, Joe Prude’s attorney. He will update you on Daniel Prude’s family’s wrongful death litigation against the Rochester Police and City government.  Also, what happened with the prosecutions of the protesters?  And to fight police brutality directly, Don filed a federal civil rights lawsuit against the police department city and state officials for decades of police brutality. 
Find us on Twitter - @courtpod. 
Drop an email at mayitdispleasethecourt@gmail.com. 
We would also love to rate and review the show. It helps others find the program.
Sources:
Independent Investigation into Daniel Prude’s Death
https://ecbawm.com/wp-content/uploads/2021/03/Final-Report-of-the-Independent-Investigation-of-the-City-of-Rochesters-Response-to-the-Death-of-Daniel-Prude-issued-March-12-2021-00452102x9CCC2.pdf 
Prude Update - GJ/Prosecutors Role
https://www.newyorker.com/news/our-local-correspondents/the-high-price-of-a-new-york-city-cop?utm_source=nl&utm_brand=tny&utm_mailing=TNY_Daily_052421&utm_campaign=aud-dev&utm_medium=email&bxid=5be9d7e02ddf9c72dc252b18&cndid=25532216&hasha=de721cbe54e50bd1d0f198806b4d43ca&hashb=ee6c8266d070ad53598f1e645563b7aadbc07640&hashc=9634c4fd1ba5a0cf20a1b0fcdee3b9f159c9d7599530ab57e160b9d4f5fe40e2&esrc=AUTO_PRINT&utm_term=TNY_Daily&fbclid=IwAR1F686mqjZJig3RHSft4uZM5FWmD7qQlYjJR7MSKbQW9I5UWuBVSvXDm9Q
Article on Willie Simmons: https://www.essence.com/news/willie-simmons-life-prison-alabama-habitual-offender/