Stay ConnectedAnyone paying attention can tell you that our criminal legal system is perpetuating cruelty and harm, but the complexity of the legal world overwhelms most people simply trying to get through another day.
Public Defenseless explores the rot in the justice system and what we can do about it. Join host, Hunter Parnell, as he interviews top defense attorneys and criminal justice stakeholders from across the country as they pull apart the convoluted web of our criminal justice system.
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/
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Today, Hunter is joined by Oregon Criminal Defense and Victim's Rights lawyer Rachel Philips. Over the past three years, Rachel has been outspoken about retaliation that women attorneys faced from members of the Oregon Public Defense Commission. She joins the show to discuss her efforts to bring that retaliation to light and to discuss her candidacy for a seat on the bench in Multnomah County.
Guests:
Rachel Philips, Criminal Defense Lawyer, Victim's Rights Lawyer, Candidate for Judicial Position 38, Multnomah County, Oregon
Resources:
Links to the Judicial Race:
League of women voters candidate forum: https://youtu.be/goGR8mEDSy8?si=dx9UqPhHSI5BdzwM
League of women voters interview: https://www.youtube.com/watch?v=aTjwwMLP_JE
LWV candidate statements : https://www.vote411.org/plan-your-vote (If it doesn't pull it up, plug in my office address and it will by the race.
My campaign website: https://rachelphilipsforjudge.com/
Campaign Twitter: https://x.com/Rachel4Judge
Campaign Instagram: https://www.instagram.com/rachelforjudge/
Oregonian article: https://www.oregonlive.com/politics/2024/10/surprise-open-seat-for-multnomah-county-judge-draws-pack-of-contenders.html?outputType=amp
Willamette Week article: https://www.wweek.com/news/2024/09/12/the-window-opens-and-shuts-quickly-for-unusual-judicial-vacancy-in-multnomah-county/
Multnomah Bar Association Candidate Statements: https://www.mbabar.org/about/mba-news/candidate-statements---circuit-court-judge-position-38/
Also, here's the Oregonian's endorsement of the DA (not a surprise): https://www.oregonlive.com/opinion/2024/10/editorial-endorsement-november-2024-elect-jeff-auxier-to-multnomah-county-bench.html
And my answers to their questions: https://www.oregonlive.com/editors/2024/10/rachel-philips-multnomah-county-judge-position-38.html
Also Ballotpedia: https://ballotpedia.org/Rachel_Philips
And the Multnomah Bar Association candidate statements: https://mbabar.org/judicialcandidates
Folder with Report and Statements
https://drive.google.com/drive/folders/1QbvIppKcTDpSpLiQD4nFhA0IxLfVajiV?usp=sharing
Media coverage of defense crisis and investigation into OPDS, I tried to keep it mainly chronological, from oldest to most recent:
This mentions Tara Herivel not being paid her negotitated rate:
Tara's guest column: https://www.oregonlive.com/opinion/2022/03/opinion-oregons-public-defense-crisis-rooted-in-longstanding-failures.html
Here is Oregon ACLU landing page with timeline and their letters and actions: https://www.aclu-or.org/en/campaigns/fighting-gender-based-discrimination-public-defense-system#:~:text=Timeline-,August%202021,J.D.%2C%20to%20begin%20the%20investigation.
https://x.com/rachelbusygrl/status/1681469783194357762 - has opinion in Tara's case that she won against OPDS
Rachel's letter to the editor in 2023: https://www.oregonlive.com/opinion/2023/05/readers-respond-public-defense-system-needs-accountability.html
Contact Hunter Parnell:
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Today, Hunter is joined by Ames Grawert of the Brennan Center to discuss a recent Brennan Center report of Bail Reform's impact (or lack thereof) on crime rates.
Guests:
Ames Grawert, Senior Counsel, Brennan Center for Justice
Resources:
Read the Report
https://www.brennancenter.org/our-work/research-reports/bail-reform-and-public-safety
Read more of Ames' Work
https://www.brennancenter.org/experts/ames-grawert
Read More of Brennan Center's Work
https://www.brennancenter.org/
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Today, Hunter is joined by Raj Jayadev of Silicon Valley De-Bug to discuss participatory defense. In the early 2000's, Raj and SVDB sought to give communities a voice in places they traditionally were excluded from or ignored. Eventually, the community made clear that they needed and wanted a way to be more involved with the criminal legal system. From there, SVDB came up with participatory defense to help communities navigate the criminal legal system and play an active role in the defense of members of their community.
Guests:
Raj Jayadev, Coordinator of Silicon Valley De-Bug and National Participatory Defense Network
Resources:
Silicon Valley De-Bug Website
https://www.siliconvalleydebug.org/
And Socials
https://www.facebook.com/sv.debug
https://www.instagram.com/sv_debug/
Pick up a Copy of Raj's Book
https://thenewpress.com/books/protect-your-people
https://www.amazon.com/Protect-Your-People-Participatory-Incarceration/dp/1620977001
Contact Hunter Parnell:
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Today, Hunter is joined by Jee Park, the Executive Director of the Innocence Project of New Orleans to discuss wrongful convictions and post-conviction work in Louisiana. After our past two episodes, it should be clear that there are serious issues with adult and youth representation in Louisiana. Unfortunately, this keeps groups like IPNO extremely busy, and that ensures that inevitably they will not be able to help every person who Louisiana has wrongfully convicted.
Guests:
Jee Park, Executive Director, Innocence Project New Orleans
Resources:
Learn more about IPNO
https://www.facebook.com/IPNOLA/
https://www.youtube.com/channel/UCndzvJoSSZSqgT4_0D42zdw/videos
https://www.instagram.com/_ipno_/
Contact Hunter Parnell:
Publicdefenseless@gmail.com
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@PDefenselessPod
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Today, Hunter is joined by Hannah Van De Car to discuss the recent "tough on crime" policies that Louisiana Jeff Landry is pursuing in the Youth Justice space. From a repeal of raise the age to increased future punishment for children in possession of firearms, Governor Landry is taking an already punitive state and making it into one of the most pro carceral places on Earth.
Guests:
Hannah Van De Car, Deputy Legal Director, Louisiana Center for Children's Rights
Resources:
Contact Hannah
https://lakidsrights.org/about-us/staff/hannah-van-de-car/
Check out the work of LCCR
https://www.facebook.com/lakidsrights
https://lakidsrights.org/we-advocate/youth-in-the-adult-system/
https://lakidsrights.org/we-advocate/youth-in-the-juvenile-system/
Reading about the Raise the Age Change
https://www.propublica.org/article/louisiana-teens-prosecution-reverse-raise-the-age
Contact Hunter Parnell:
Publicdefenseless@gmail.com
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Today, Hunter is joined once again by Derwyn Bunton. The last time Derwyn was on the show, he was the chief Public Defender in the Orleans Parish of Louisiana, but he is now the Chief Legal Officer at the Southern Poverty Law Center. Today, Derwyn joined the show to discuss what has been happening with Louisiana's Public Defender system. Specifically, Derwyn is here to discuss the consolidation of power into the hands of Remy Starns and the policies Remy is pursuing with his new found power.
Guests:
Derwyn Bunton, Chief Legal Officer, Southern Poverty Law Center
Resources:
Contact the Southern Poverty Law Center
https://www.instagram.com/splcenter/
https://www.facebook.com/SPLCenter
https://www.splcenter.org/about/staff/derwyn-bunton
Coverage of Louisiana Public Defense
https://boltsmag.org/jeff-landry-louisiana-public-defense/
Board votes down Starns' proposal for salary cuts
Contact Hunter Parnell:
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Today, Hunter is joined by Pam Vickrey, Executive Director of the Utah Juvenile Defender Attorneys to discuss a recent report, conducted in partnership with the Gault Center, about the problems and promises of Youth Defense in Utah.
Guests:
Pam Vickrey, Executive Director, Utah Juvenile Defender Attorneys
Resources:
Read the Report Here
https://www.defendyouthrights.org/wp-content/uploads/Utah-Assessment-Report.pdf
Check out More of the Gault Center's Work
https://www.defendyouthrights.org/
Utah Juvenile Defender Attorneys
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Today, Hunter is joined by journalist Katey Rusch to discuss her recent bombshell reporting on California law enforcement agencies use of "clean record" agreements to keep police misconduct from defense lawyers, the public, and even other law enforcement agencies.
Guests:
Katey Rusch, Reporter, California
Resources:
Contact Katey
https://journalism.berkeley.edu/person/katey-rusch/
katey.rusch@gmail.com
https://www.facebook.com/kateyrusch/
Read the Reporting Here:
https://www.sfchronicle.com/projects/2024/police-clean-record-agreements/
https://www.sfchronicle.com/california/article/clean-record-agreements-investigation-19752768.php
https://www.sfchronicle.com/projects/2024/police-clean-record-agreements-pensions/
Contact Hunter Parnell:
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Today, Hunter is joined by Paul Bowen and Jacqueline van Wormer Ph.D. to discuss the juvenile treatment courts that they have helped set up around the country. As has been the case on previous episodes about youth defense, today we discuss both the politics and science behind ensuring that courts are considering the unique needs of the youth being processed through them.
Guests:
Paul Bowen, Project Director, Treatment Court Institute, All Rise
Jacquline van Wormer Ph.D., Director, Center for Advancing Justice, All Rise
Resources:
All Rise
https://allrise.org/news/meet-our-divisions-4/
https://www.instagram.com/allrise_org/
https://www.facebook.com/AllRise.org
https://www.youtube.com/@AllRise_org
https://www.linkedin.com/company/weallrise
Contact Paul
https://allrise.org/our-team/paul-bowen/
Contact Jacqueline
https://crmj.wsu.edu/chair-faculty-graduate-students-and-staff/faculty/jacqueline-van-wormer/
Contact Hunter Parnell:
Publicdefenseless@gmail.com
@PublicDefenselessPodcast
@PDefenselessPod
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