Criminal (In)justice
242 episodes - English - Latest episode: about 2 years ago - ★★★★★ - 286 ratingsSometimes challenging, often disturbing, occasionally absurd, always timely: Criminal Injustice explores the most complex and urgent issues facing the U.S. criminal justice system in conversation with the field's most knowledgeable experts. Professor David Harris and guests take on everything from racial bias to use of force... from surveillance technology to mass incarceration... and from police abuse and misconduct to the astonishing, frequently hilarious misdeeds of "Lawyers Behaving Badly." It's not a lecture hall, and you don't need a law degree to keep up. But you'll walk away from each episode with a deeper, richer understanding of what's wrong with the criminal justice system – and how to fix it.
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Episodes
Bonus: Botham Jean's Killer Convicted
October 05, 2019 14:42 - 20 minutes - 18.6 MBAmber Guyger, the off-duty police officer who murdered Botham Jean in his Dallas apartment, has been found guilty and sentenced to ten years in prison. The trial's resolution -- and surprising displays of emotion in the courtroom -- have sparked almost as much reaction as the crime itself. Support Criminal Injustice at $5/month to unlock extra bonus episodes and more on the Members feed: patreon.com/criminalinjustice Advertising Inquiries: https://redcircle.com/brands
#108 Koch Industries and Criminal Justice Reform
October 01, 2019 06:00 - 1 hour - 56 MBKoch Industries and Charles and David Koch – names that are synonymous with right-wing political causes and deregulation of industry. So why is Koch joining with the left to give former inmates second chances? Jenny Kim is Deputy General Counsel and Vice President for Public Policy at Koch Industries. She’ll tell us why Koch has taken up criminal justice reform, and she’ll tell us what she says to Koch critics. Do the Koch Brothers Really Care About Criminal-Justice Reform? Willi...
Teaser: Elizabeth Warren's Both-And Approach
September 28, 2019 06:00 - 3 minutes - 3.11 MBAre you a Criminal Injustice patron? If not, here's a taste of what you're missing on the members feed! Unlock this episode and more exclusive content at patreon.com/criminalinjustice. Sen. Elizabeth Warren's campaign has offered meaty policy proposals on a variety of topics, and criminal justice is no exception. While many of her proposals on issues like mass incarceration, marijuana, and private prisons line up with those of other candidates, they're distinguished by the way Warren frame...
Bonus: Progressive Prosecutors Slapped Again
September 24, 2019 06:00 - 8 minutes - 7.8 MBA crime summit held recently in St. Louis was a virtual who's-who of high ranking city and state government officials. Conspicuously absent from the gathering were the progressive, African American district attorneys of St. Louis and Kansas City, who were excluded despite having been elected to the top law enforcement post in Missouri's two largest cities. We look at the latest in a trend of anti-democratic attacks on reformist elected prosecutors. Support Criminal Injustice at $5/month to...
Can They Do That? The Photoshopped Mugshot
September 21, 2019 06:00 - 8 minutes - 7.73 MBFollowing a string of bank robberies, Portland police put together a photo lineup of suspects -- including one man whose mugshot had been digitally manipulated to remove prominent facial tattoos that were not present on the robber's face as described by witnesses and as shown on surveillance video. Can they do that? Support Criminal Injustice at $5/month to unlock extra bonus episodes and more on the Members feed: patreon.com/criminalinjustice Advertising Inquiries: https://redcircle.com/...
#107: Reducing Urban Violence
September 17, 2019 06:00 - 44 minutes - 41.1 MBUrban violence kills thousands of Americans every year. It accounts for almost three quarters of the murders in the U.S., and it traps a huge number of people in poverty, blight, trauma and despair. What if there was a way cut murderous urban violence – by half? Guest Thomas Abt says it can be done with the tools we have now. He’s the author of “Bleeding Out: The Devastating Consequences of Urban Violence – and a Bold New Plan for Peace in the Streets.” Support Criminal Injustice at $...
Teaser: The Three Kamala Harrises
September 16, 2019 06:00 - 4 minutes - 3.76 MBAre you a Criminal Injustice patron? If not, here's a taste of what you're missing on the members feed! Unlock this episode and more exclusive content at patreon.com/criminalinjustice. To understand Sen. Kamala Harris's criminal justice positions, you have to look at each of the three distinct phases of her career: politically ambitious prosecutor in San Francisco, controversial "top cop" AG of California, and Democratic primary contender lurching leftward as consensus shifts on the issues ...
Bonus: The Confluence, August 29
September 13, 2019 19:21 - 7 minutes - 6.81 MBThe Justice Department has announced it will seek the death penalty in the case against Robert Bowers, the white supremacist gunman who murdered worshippers in Pittsburgh's Tree of Life synagogue last year. Dave discusses the decision on Pittsburgh NPR station WESA. Support Criminal Injustice at $5/month to unlock extra bonus episodes and more on the Members feed: patreon.com/criminalinjustice Advertising Inquiries: https://redcircle.com/brands
Teaser: Joe Biden Has Come A Long Way
September 10, 2019 06:00 - 20 minutes - 18.7 MBTo celebrate the launch of our Patreon, we're sharing the first in a series of presidential candidate profiles: a look at frontrunner Joe Biden's amazing transformation from a tough-on-crime conservative Democrat during the '80s and '90s into a decarcerationist and would-be reformer on the 2020 campaign trail. In future episodes we'll be examining the records and rhetoric of each of the major presidential candidates. To hear the rest of the series, become a $5/month Criminal Injustice mem...
Bonus: The Attack on Elected District Attorneys
September 07, 2019 15:23 - 10 minutes - 9.26 MBAs reform-minded elected prosecutors gain power across the U.S., they’re increasingly coming under fire from their federal counterparts — most recently, an anti-democratic tirade by U.S. Attorney Bill Barr, who attacked progressive district attorneys for doing what voters elected them to do. Support Criminal Injustice at $5/month to unlock extra bonus episodes and more on the Members feed: patreon.com/criminalinjustice Advertising Inquiries: https://redcircle.com/brands
#106: Police Attitudes in Plain View
September 03, 2019 06:00 - 42 minutes - 39.2 MBMany people make their social media posts public. Everyone can see them, like a signed billboard visible anywhere in the world. So, what should we think when we learn that *some* police officers, in some departments, have been posting racist messages or memes endorsing violence, visible to anyone on the Internet? Emily Baker-White is founder of The Plain View Project, an organization that gathered and analyzed thousands of social media posts by police officers, from many police departmen...
Bonus: The Confluence, August 5 2019
August 30, 2019 06:00 - 14 minutes - 12.9 MBIn another appearance on 90.5 WESA's The Confluence, Dave follows up on Donald Trump's reinstatement of the federal death penalty. Advertising Inquiries: https://redcircle.com/brands
#93: Evidence Based Policing (reprise)
August 27, 2019 06:00 - 46 minutes - 42.4 MBCriminal Injustice returns with a new season on Tuesday, September 3! Until then, we're reposting one more of our favorite interviews. This episode originally appeared November 13, 2018. ================ We often hear about new methods police try to achieve better results against crime. But do the police have any reason to believe that their new approaches will work? Are their new initiatives based on hope, or on actual evidence that they will really help? Our guest, Dr. Cynthia Lum, i...
Bonus: Prison Suicides Are Business As Usual
August 24, 2019 20:50 - 8 minutes - 7.86 MBRegardless of how it looks, there’s no direct evidence that Jeffrey Epstein’s jailhouse death on August 10 was anything other than a suicide. But there’s abundant evidence of a systemic problem with prison suicide — something that’s far more common than most people realize. Advertising Inquiries: https://redcircle.com/brands
#72: The Dark Side of Attorney-Client Privilege (reprise)
August 20, 2019 06:00 - 42 minutes - 38.6 MBCriminal Injustice returns soon with new episodes. Until then, we're reposting some of our favorite interviews. This episode originally appeared November 21, 2017. ================ An important rule of legal ethics is the obligation to keep client information confidential. Lawyers say that rule is fundamental to the attorney client relationship, so clients can speak freely. But what happens when following that rule keep someone else – an innocent person – in prison? That’s what happened ...
Bonus: The Federal Death Penalty is Back
August 15, 2019 18:34 - 11 minutes - 10.1 MBBucking a decades-long trend of fewer death sentences imposed by states, the Trump administration wants to bring back capital punishment in federal cases. What does that mean? What happens next? Advertising Inquiries: https://redcircle.com/brands
#74: When Long Sentences Get Longer (reprise)
August 13, 2019 06:00 - 39 minutes - 35.7 MBCriminal Injustice returns soon with new episodes. Until then, we're reposting some of our favorite interviews. This episode originally appeared January 23, 2018. ================ Why has the US prison population has grown for decades, surpassing two million? We’ve put more people in jail, but new research shows it’s not just how many people go to prison. What counts, for prison growth, is how long they stay. Ryan King, Senior Fellow at the Urban Institute’s Justice Policy Center, has cr...
Bonus: Do Something
August 10, 2019 00:51 - 13 minutes - 12.6 MBHere we are again: amid a worsening climate of white supremacist violence and right-wing terrorism, two more horrific mass shootings. How long are we going to keep doing this? Advertising Inquiries: https://redcircle.com/brands
#95 Why Militarizing Police Is a Bad Idea (reprise)
August 06, 2019 06:00 - 44 minutes - 40.7 MBCriminal Injustice returns soon with new episodes. Until then, we're reposting some of our favorite interviews. This episode originally appeared January 8, 2019. ================ Since the creation of the first SWAT teams in the 1960s, militarized police units have multiplied. SWAT teams can rescue hostages or handle emergencies – but are they used that way? Do they increase public safety? And what’s the impact on the public, and on officers? Guest Jonathan Mummolo, Professor of Politics...
#101 The Racial Impact of Juror Exclusion (reprise)
July 30, 2019 06:00 - 38 minutes - 35.2 MBCriminal Injustice returns with new episodes later this month. Until then, we're reposting some of our favorite interviews. This episode originally appeared April 2, 2019 ================ Jury service is THE way that members of the public participate in the criminal justice system. But who gets to serve? Are certain racial or ethnic groups excluded, and what’s the effect of these exclusions in the courtroom? An update on the groundbreaking “Jury Sunshine Project” from Professor Ronald Wr...
Bonus: Justice Stevens Remembered
July 26, 2019 06:00 - 14 minutes - 13.4 MBFormer Supreme Court Justice John Paul Stevens, who died last week at age 99, was an independent thinker and a fascinating figure. We recall a few notable moments from Justice Stevens's extraordinary legal career. Advertising Inquiries: https://redcircle.com/brands
#94 Spillover Effects of Violence on Black Americans (reprise)
July 23, 2019 06:00 - 43 minutes - 39.7 MBCriminal Injustice returns with new episodes later this month. Until then, we're reposting some of our favorite interviews. This episode originally appeared November 27, 2018. ================ When the police kill an unarmed black man, we know the family and community suffer. But what about other people – particularly Black Americans beyond those closest to the victim – what’s the impact on them? The spillover effect of police killings and other violence on Black Americans? Advertising...
Bonus: Do You Have to Open Your Door for ICE?
July 21, 2019 17:04 - 5 minutes - 4.61 MBDonald Trump's (thus far unfulfilled) threats of mass immigration raids in major cities have led many to wonder: if ICE comes knocking with a deportation order, do I have to let them in? Unless they have an order from a real judge (not a DOJ-appointed immigration judge), the answer is NO. Advertising Inquiries: https://redcircle.com/brands
#102 Prosecution at the Crossroads (reprise)
July 16, 2019 06:00 - 44 minutes - 40.9 MBCriminal Injustice returns with new episodes later this month. Until then, we're reposting some of our favorite interviews. This episode originally appeared April 16, 2019. ================ American prosecutors have always been powerful figures in our justice system: they decide the charges, and offer the plea bargains. But our guest says they have become far too powerful – resulting in mass incarceration and the wrecking of human lives over trivial offenses. Emily Bazelon, best-sellin...
#99 21 Principles to Change Prosecution (reprise)
July 09, 2019 06:00 - 49 minutes - 45.3 MBCriminal Injustice returns with new episodes later this month. Until then, we're reposting some of our favorite interviews. This episode originally appeared March 5, 2019. ================ Americans know that if they want a better criminal justice system, prosecutors must drive change. We’ve seen the result in election of more progressive prosecutors across the country. But what should this new wave of prosecutors do? What policies should shape their priorities? Our guest Miriam Krinsk...
Bonus: SCOTUS Recap pt. 2
July 06, 2019 16:00 - 9 minutes - 8.7 MBMore analysis of the recently completed Supreme Court term, this time on WESA's The Confluence. Advertising Inquiries: https://redcircle.com/brands
Bonus: SCOTUS Recap
July 02, 2019 06:00 - 20 minutes - 18.9 MBWe're holding off on the launch of season 7 so we can squeeze in a few more bonus episodes on recent and developing news stories. Today: analysis of the just-concluded U.S. Supreme Court session. Advertising Inquiries: https://redcircle.com/brands
Bonus: Double Jeopardy's Giant Loophole
June 29, 2019 19:33 - 6 minutes - 6.32 MBThe Supreme Court affirms the longstanding "dual sovereignty" doctrine, which skirts the Fifth Amendment's Double Jeopardy Clause by distinguishing between state and federal cases. Advertising Inquiries: https://redcircle.com/brands
#97: Invisible Chicago (reprise)
June 25, 2019 06:00 - 1 hour - 69.7 MBCriminal Injustice returns with new episodes on July 2, 2019. Until then, we're reposting some of our favorite interviews. This episode originally appeared February 5, 2019. ================ Chicago has seen police scandals for decades -- from torturing suspects into confessions to the Laquan McDonald murder and coverup. James Kalven has combined journalism and human rights work to spur police reform. Has it worked? And what lies ahead for a city awash in homicides and distrust of po...
#96 Policing While Black (reprise)
June 18, 2019 06:00 - 50 minutes - 46.5 MBCriminal Injustice returns with new episodes on July 2, 2019. Until then, we're reposting some of our favorite interviews. This episode originally appeared January 22, 2019. ================ Black Americans say they often experience difficulty with police that whites don't experience: extra scrutiny, harassment, profiling, even violence. Police say they have a difficult job that others just don't understand. What's it like to be both black and a police officer? Matthew Horace is a form...
Bonus: Show News + Drug Treatment in Prison
June 11, 2019 16:40 - 24 minutes - 22.1 MBAs we wrap up season 6 and pause for a quick summer break, some exciting news: Criminal Injustice returns in July as part of the Pittsburgh-based Postindustrial Media network. It's the first of several big changes you'll be hearing in the months ahead, and producer Josh Raulerson is in studio to help unpack the agenda. We leave you with Dave's May 8 appearance on 90.5 WESA's The Confluence, discussing a recent federal court ruling on the right of prisoners to receive treatment for opioid ...
Bonus: Testing the Power of Seattle's Police Union
June 07, 2019 06:00 - 8 minutes - 7.38 MBA federal judge says Seattle's new contract with police puts the city out of compliance with a 2012 consent that was supposed to make officers more accountable for use of force. We'll be watching this one closely. Advertising Inquiries: https://redcircle.com/brands
Bonus: Refocusing Reform
June 04, 2019 06:00 - 6 minutes - 5.95 MB$17 million in grants from the Laura and John Arnold Foundation seek to refocus attention on an area of criminal justice reform that's been largely overlooked in the push to end mass incarceration: conditions inside prisons. Small, Safe, and Humane: A Vision for Prison Reform Advertising Inquiries: https://redcircle.com/brands
Bonus: Facing the Future of Facial Recognition
June 01, 2019 16:16 - 7 minutes - 6.92 MBA dystopian scene in London, where police are deploying facial recognition cameras on streets and issuing citations to passersby who don't consent to be scanned. Is this our future? Fines And Facial Recognition - BBC Click Advertising Inquiries: https://redcircle.com/brands
#105 Changing Use of Force Law
May 28, 2019 06:00 - 45 minutes - 41.6 MBIn the last five years, we’ve seen case after case of police killing unarmed civilians – even people running away. Usually, officers do not face charges; when they do, juries often acquit them. Does the law governing police use of force favor police? Our guest, Professor Cynthia Lee, is one of the leading thinkers on use of force law, and she’ll discuss proposed changes. Article: “Reforming the Law on Police Use of Deadly Force” Maryland HB 1121 Advertising Inquiries: https://re...
Bonus: Former Prosecutors on Trump Obstruction
May 24, 2019 18:00 - 9 minutes - 8.43 MBHundreds of former federal prosecutors are now on record that -- but for the Justice Department's policy against prosecuting sitting presidents -- the Mueller report contains ample evidence to bring obstruction charges against Donald Trump. Advertising Inquiries: https://redcircle.com/brands
Bonus: San Francisco Bans Facial Recognition
May 21, 2019 06:00 - 10 minutes - 9.46 MBIn the metropolitan heart of the tech industry, San Francisco bars police and city agencies from using facial recognition software. The latest in a string of recent stories we've been following on evolving technologies of surveillance. CI #36 Alvaro Bedoya CI #49 Barry Friedman Advertising Inquiries: https://redcircle.com/brands
Ask Dave: What Can We Do About Surveillance?
May 18, 2019 17:44 - 13 minutes - 12.8 MBApropos of our recent episode on ALPRs, Holly from Idaho asks: what can we, as citizens, do about these surveillance systems that seem to be popping up in the digital world? Advertising Inquiries: https://redcircle.com/brands
#104 From Mass Incarceration, to E-carceration
May 14, 2019 06:00 - 47 minutes - 43.3 MBMass incarceration remains the hallmark of the US justice system, as it has been for decades. In the last ten years, in some states, we see less jail in low-level cases and more electronic monitoring. But does this just trade one form of custody for another? Our guest, law professor Chaz Arnett, reveals the new world of e-carceration. He’s the author of “Virtual Shackles: Electronic Surveillance and the Adultification of Juvenile Courts” and "From Decarceration to E-carceration."
Bonus: Chalk Talk
May 10, 2019 06:00 - 12 minutes - 17.4 MBA federal court ruling on the practice of marking tires with chalk to enforce parking ordinances delivers an unexpected reinterpretation of the Fourth Amendment.
Bonus: ALPR Revisited
May 05, 2019 18:41 - 9 minutes - 12.6 MBUsing ubiquitous traffic cameras that can read license plate numbers, cities are building automated surveillance networks that indiscriminately scoop up data on the movements of individual vehicles. When an Automatic License Plate Reader (ALPR) system sees a plate that matches one in a police database, officers are dispatched -- sometimes with guns drawn. These systems have shockingly high error rates. What could possibly go wrong? Charlie Warzel, “When License-Plate Surveillance Goes Horr...
#103 The Redemption Project
April 30, 2019 06:00 - 41 minutes - 16.6 MBThe American criminal justice system is all about finding the bad guys, convicting them, and penalizing them -- often by sending them to prison. But what does that do to help victims restore themselves? Can we imagine a system not of criminal justice, but restorative justice? Van Jones is a CNN contributor and host of The Redemption Project.
Bonus: Who Does Bill Barr Think He Is?
April 28, 2019 17:19 - 9 minutes - 3.97 MBWhere does U.S. Attorney General Bill Barr get off ordering immigration judges around? Turns out many federal officials commonly referred to as "judges" -- those appointed under Article I -- are actually employed by and accountable to federal agencies (in this case, the Justice Department).
Bonus: [REDACTED]
April 24, 2019 01:27 - 21 minutes - 9.79 MBNow that a redacted version of the full Mueller report is out, how do its contents stack up against initial reaction to A.G. Bill Barr's four-page summary? Strap in, there's a lot to cover.
#102 Prosecution at the Crossroads
April 16, 2019 06:00 - 43 minutes - 20 MBAmerican prosecutors have always been powerful figures in our justice system: they decide the charges, and offer the plea bargains. But our guest says they have become far too powerful – resulting in mass incarceration and the wrecking of human lives over trivial offenses. Emily Bazelon, best-selling author and a staff writer at The New York Times Magazine, says it’s time for this to change. She’s the author of “Charged: The New Movement to Transform American Criminal Justice and End Mass ...
Bonus: Pittsburgh's Gun Gambit
April 12, 2019 19:13 - 12 minutes - 8.79 MBThe City of Pittsburgh made national news by passing gun control legislation that's all but certain to trigger lawsuits under a state law that bars municipalities from regulating firearm ownership locally. Will it hold up in court?
Bonus: Who's Afraid of the Big Bad Banks?
April 09, 2019 06:00 - 8 minutes - 3.89 MBTwo very different views on prosecuting financial fraudsters and corporate criminals: Former U.S. Attorney Preet Bharara says plausible deniability makes it all but impossible to go after high-level executives like those who caused the 2008 housing collapse and ensuing crises. Others, like journalist Jesse Eisinger and Bharara’s own SDNY predecessor (one James Comey), say effective deterrence means taking on tough cases even if there’s a risk of losing.
Bonus: Interrogating the Mueller Report
April 06, 2019 14:45 - 11 minutes - 5.39 MBReaction was swift and intense when news broke that special counsel Robert Mueller had concluded his investigation into alleged Russian interference in the 2016 presidential election. While Donald Trump takes a victory lap, both his opponents and his supporters are leaping to conclusions based on a four-page summary issued by AG William Barr. But until Mueller's full report is released, there's simply not enough information to properly characterize the investigation's outcome.
#101 The Racial Impact of Juror Exclusion
April 02, 2019 06:00 - 37 minutes - 17.1 MBJury service is THE way that members of the public participate in the criminal justice system. But who gets to serve? Are certain racial or ethnic groups excluded, and what’s the effect of these exclusions in the courtroom? An update on the groundbreaking “Jury Sunshine Project” from Professor Ronald Wright of Wake Forest University School of Law; he’s one of the co-leaders of the Jury Sunshine Project in North Carolina. Ron’s NYT Op-Ed: “Yes, Jury Selection Is As Racist As You Think. Now ...
Bonus: Celebrating 100 Episodes on The Confluence
March 31, 2019 20:30 - 6 minutes - 3.14 MBTo mark the 100th episode of Criminal Injustice, Dave goes back to where the show began -- Pittsburgh's NPR station, 90.5 WESA -- for a chat with Kevin Gavin, host of WESA's The Confluence.