Presumption of Innocence - Episode 93

Episode 93Due Process for Me, but Not for Thee: America's Selective Approach to FairnessHosted by Matt Adams“People really do care about fairness and due process a lot. But … it hits people the most when it's happening to them … if you're the one who got a traffic ticket for no reason … you get really upset and you're like … "There’s gotta be some way to challenge this. I gotta have a day in court” … But … when it's someone else, [it’s easy] to say, "That person got arrested for that? Like, why do we even have a trial? Like, that person just needs to be put away."Americans have a complex relationship with due process. It's something they believe in strongly but apply selectively.That’s according to Professor Brandon Garrett, the David Eichel Distinguished Professor of Law and Director of the Wilson Center for Science and Justice at Duke University School of Law. A nationally recognized scholar of criminal justice outcomes, evidence and constitutional rights, Professor Garrett joins host Matt Adams to discuss his most recent book, Defending Due Process: Why Fairness Matters in a Polarized World.Professor Garrett has built a career using empirical research to expose how criminal proceedings can go awry — from wrongful convictions and flawed forensic science to the emerging risks of AI-driven government decision-making. His latest book is a data-focused examination of a pattern his research has uncovered over and over again: Americans care deeply about due process when their own rights are at stake yet are willing to bypass those protections for anyone they've decided doesn't deserve them.Drawing on his work with DNA exonerations, forensic reliability, bail reform and corporate accountability, Professor Garrett asserts that due process doesn't slow justice down. It makes justice accurate.This episode is essential listening for criminal defense attorneys, prosecutors, forensic science practitioners, compliance professionals and anyone who believes the process matters as much as the outcome.The views expressed in this podcast are those of the participants and should not be considered the views of Fox Rothschild LLP or its attorneys. This podcast is for informational purposes only, is not legal advice, and does not create an attorney-client relationship.