Holding Court with Judge Nancy Gertner!

An independent judiciary is the cornerstone of a healthy democracy. But judges are under attack.  Therefore, we must stand the post and protect judges from intimidation, unlawful prosecution, incredulous calls to impeach, or worse. And, when it comes to federal criminal sentencing, judicial independence is also crucial to the fair administration of justice.   But judicial independence has been undermined for decades by adherence to the stringent, dehumanizing, US sentencing guidelines. Since 2005, these guidelines have been discretionary, yet many judges and lawyers continue to use them rigidly, leading to undesirable outcomes for clients. Therefore, attorneys need to be more creative and comprehensive in their sentencing approach, and help the judges understand that the guidelines are not a useful tool to determine a human being's ultimate fate.  This discussion features Nancy Gertner, former US District Court Judge and current Harvard Law Professor, who provides valuable insights on these topics. The first half of our discussion addresses the actions of the Trump administration and its efforts to influence the judiciary. For those interested solely in sentencing advocacy without political context, please proceed to the second half of the podcast, approximately at the 38:00 mark, for a master-class in sentencing advocacy from a former federal judge. This segment offers essential information for every defense lawyer and client facing sentencing. #JudicialIndependence, #SentencingJustice, or #DignityOverData   IN THIS EPISODE:   Milwaukee Judge Hannah Dugan's arrest and prosecution for allegedly obstructing ICE; Assessing the merits of the charge against Judge Dugan; How ICE's conduct presents its own form of obstruction of justice because it denies people their day in court and increases the chances of bringing harm and violence to innocents; The adminstration's effort to target judges for arrest, impeachment, or worse;  Whether the administration can defy a judge's orders without consequence;  A word on the plight of Kilmar Abrego-Garcia; The new pardon paradigm and how it may impact sentencing; Judge Gertner's incredible sentencing advocacy advice, which includes the power of narrative, her take on sentencing mitigation films, irrational adherence to guidelines, lackluster attorney performance, the importance of allocution, telling the story of prison, and more! Judge Gertner's take on using A/I in court (in the context of an A/I generated video of the deceased victim giving his sentencing statement from beyond the grave); The legacy of Justice Souter, who passed away the morning we recorded this podcast.   Commentary: A former judge's call to eliminate mandatory-minimum sentencing laws 150 Former Judges Tell Pam Bondi They're Not 'Deranged' AI used to make video of deceased victim deliver impact statement in court : NPR