the JustPod

the JustPod

Podcast for the Criminal Justice Section of the American Bar Association. We'll talk current issues in criminal justice reform, policy and the Supreme Court. We'll discuss the work of the Criminal Justice Section including events, Task Forces, Standards, the ABA's ICC project and more. This is the Criminal Justice Section of the ABA’s podcast, and may not contain official ABA policy statements. For the ABA’s Code of Online Conduct visit here: https://www.americanbar.org/about_the_aba/codeofconduct/

Episodes

April 30, 2025 42 mins

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[What was it like to defend clients in prosecutions arising out of events at the U.S. Capitol on January 6, 2021?  A discussion with defense counsel Rocco Cipparone and Angie Levy]

Following the events at the United States Capitol on January 6, 2021, the federal government initiated one of the largest investigations and prosecutions in American history, ultimately charging nearly 1,600 defendants.  Those charges result...

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In Philadelphia, a city known for great trial lawyers, our next guest stands out among them.  Brian McMonagle began his career in the Philadelphia District Attorney’s Office where in his twenties he became one of the youngest lawyers to prosecute high profile cases in the DA’s Homicide Unit.  Since then, Brian has gone on to represent actor Bill Cosby in a criminal trial, musical artist Meek Mill on a controversial pr...

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Please join co-hosts Joe Whitley and Nina Marino for an insightful discussion with our distinguished guest, Karen Popp. 

Karen, a partner at Sidley Austin, is a highly regarded and well-known leader in the field of white collar defense, internal investigations, crisis management, and compliance. Before joining Sidley, Karen served as Associate White House Counsel to the President of the United States, where she advised...

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We are pleased to share with you our latest podcast with the Honorable Larry D. Thompson.  

Thompson has had extensive leadership experience in both the private and public sectors.  He served as U.S. Attorney for the Northern District of Georgia (1981-1986) and led major political corruption and drug trafficking prosecutions during his tenure at the Department.  Thompson also led the Southern Organized Crime Drug Enfor...

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This segment of “White Collar Talks with Nina and Joe” features former United States Attorney for the Western District of North Carolina, Dena King.  Guest co-host is Lynsey Barron.

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On the morning of July 19, 2014, Florida State University Law Professor Dan Markel—a friend and mentor to Justin, and to so many others—was shot and killed in his driveway in Tallahassee, Florida.  Dan was 41 years old, and the father of two little boys, ages 4 and 3, one of whom was just days away from his next birthday.  

The loss of Dan to his family, his friends, and colleagues, is incalculable.  Dan’s Mom, Ru...

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Larry Pozner is perhaps the most sought-after teacher of cross-examination strategy and tactics.  In over 400 lectures, he has taught generations of lawyers how to more effectively conduct this most important of courtroom examinations—what John Henry Wigmore, the legal scholar of evidence, called the "greatest legal engine ever invented for the discovery of truth."  

Larry’s book, Cross-Examination: Science a...

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We welcomed back Elizabeth Kelley (who previously joined us on Nov 16, 2023), to talk about the recent publication of the second edition of her book, Representing People with Mental Disabilities: A Practical Guide for Criminal Defense Lawyers, published by the American Bar Association.  The book is a collection of 19 essays by lawyers, scholars, and clinical experts in the field of mental health and criminal defense. ...

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Ever wondered about the mental health toll on members of a death penalty “Execution Team”?  We discuss this topic and others on the JustPod with two men who are both familiar with the practice of lethal injection, but for very different reasons.   

Ron McAndrew is a retired Warden at Florida State Prison, where he led the Execution Team, supervised the execution of three inmates by electric chair, and observe...

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 Earlier this year, in February 2024, the ABA launched its Prosecutorial Independence Task Force.  Two of our guests, Professor Ellen Yaroshefsky (Hofstra Law School), and John Choi (Ramsey County Attorney in Ramsey County, Minnesota), are co-chairs of the Task Force.  John has the distinction of being the first Korean American Chief Prosecutor in the United States.  Our third guest, J. Charles (“Charlie”) Smith III, ...

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Joe Whitley and Nina Marino speak with Michael E. Horowitz, Inspector General of the United States Department of Justice.  Previously having served a six-year term as a Commissioner of the U.S. Sentencing Commission (2003-2009), Mr. Horowitz was sworn in on April 16, 2012 as Inspector General, following his confirmation by the U.S. Senate.  As Inspector General, Mr. Horowitz oversees 500+ special agents, auditors, ins...

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Our guest is the founding partner of the white collar criminal defense boutique Kaplan Marino, and co-host of our sister podcast, the ABA’s “White Collar Talks with Nina and Joe.”  She is the recipient of the American Bar Association Criminal Justice Section's (CJS) Charles English Award, the highest accolade for excellence in criminal justice, and recently secured an unusual verdict of acquittal in a federal pub...

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Join us for another "White Collar Talks" podcast as Joe Whitley and Nina Marino interview William J. Hochul, Jr., a former United States Attorney and former General Counsel of a highly diversified, government-regulated global business.  Mr. Hochul was also a prior member of the Board of Directors of a large healthcare provider and employer.  Recently joining the law firm of Davis Polk, Mr. Hochul shares his ...

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Premal Dharia is Executive Director of the Institute to End Mass Incarceration at Harvard Law School. She was previously a public defender and Director of Litigation for the Civil Rights Corps. She has been a frequent contributor to major publications such as The Washington Post, Slate, and CNN, on issues of criminal justice and racial disparities in the criminal justice system.  Premal joined Justin and Geonard to di...

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Brian McEvoy, a former federal prosecutor and current white collar criminal defense lawyer with BakerHostetler, joins Nina Marino (KaplanMarino) and Joe Whitley (Womble Bond Dickinson) to discuss the Tenth Annual Southeastern White Collar Crime Institute (September 4-6, in Braselton, GA) and how it came to be. They also discuss why it is worth attending this conference, how it is different from other programs nationwi...

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In 1997, Peter Heyberger was convicted of residential burglary and attempted residential burglary. It was his third conviction, and so, under California’s “Three Strikes” law, Mr. Heyberger’s minimum sentence was 25 years to life in prison. He was sentenced to 65-years to life.  

In 2019, California passed HB 2942—a Prosecutor-Initiated Resentencing bill that gave California prosecutors the discretion to reev...

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The right to counsel in criminal cases is, by now, well established in a series of United States Supreme Court precedents. And yet, local jurisdictions have for too long found themselves under-resourced, and out-gunned in their quest to provide not just constitutionally sufficient and competent representation, but excellent representation—free of charge to indigent criminal defendants. 

Pennsylvania, until as...

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Confessions by criminal defendants are regarded as the most powerful evidence of guilt. So why would an innocent person confess to a crime they did not commit? That question and the troubling issue of false confessions is at the heart of the research of Professor Saul Kassin, the author of Duped: Why Innocent People Confess – and Why We Believe Their Confessions. Professor Kassin is the distinguished Professor of Psyc...

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The prospect of long-term solitary confinement, being housed alone in custody for months and sometimes even years, is daunting for criminal defendants and their counsel. In May 2023, two public interest organizations, The Italian Association Antigone and the Israeli organization, Physicians for Human Rights Israel, proposed the International Guiding Statement on Alternatives to Solitary Confinement. We are pleased to ...

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On September 26, 2020, then-President Donald Trump nominated Judge Amy Coney Barrett to the United States Supreme Court. Upon confirmation, Justice Barrett took the seat of Justice Ruth Bader Ginsburg, who had passed away one week before Justice Barrett's nomination. Writing in the Fall 2023 issue of the Criminal Justice Magazine, Daniel Kaplan observes that Justice Barrett's voting pattern in the court&apos...

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