Public Defenseless

In our last instalment of our mini series on the Fourth Amendment, Hunter spoke with Andrew Ferguson, Professor of Law at American University Washington College of Law. On this episode, we will explore the rise of Big Data Policing, also known as predictive policing, and how the digital era we are in must be understood differently than previous eras if the Fourth Amendment is to protect people's privacy. Guests: Andrew Ferguson, Professor of Law, American University Washington College of Law Resources: Andrew's Faculty Page https://www.wcl.american.edu/community/faculty/profile/aferguson/publications The Rise of Big Data Policing https://nyupress.org/9781479892822/ Real Time Crime Centers https://www.wired.com/story/real-time-crime-centers-rtcc-us-police/ Contact Hunter Parnell: Publicdefenseless@gmail.com Instagram @PublicDefenselessPodcast Twitter @PDefenselessPod www.publicdefenseless.com Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN

At the founding of the country, the Fourth Amendment was designed to protect against general warrants. In the colonial period, the Crown would secure warrants to search anything and everything in one's possession in often meritless attempts to harass and intimidate colonists. One would think that this history would make people wary at the thought of such a warrant, but with the advent of Geo-Fence and Key Word Search Warrants, the general warrant has entered the digital age…with the legal system struggling to keep up. Today, Hunter is joined by Mike Price, the Litigation Director of the Fourth Amendment Center, to discuss these new warrants, and what, if anything, can be done to stop them. Guests: Mike Price, Litigation Director, Fourth Amendment Center, NACDL Resources: Fourth Amendment Center https://www.nacdl.org/Landing/FourthAmendmentCenter US v Chatrie https://www.nacdl.org/Document/US-v-Chatrie-4th-Circuit-Appeal-Brief Colorado Seymour Case https://www.nacdl.org/Document/Seymour-Rule-21-Petition Contact Hunter Parnell: Publicdefenseless@gmail.com Instagram @PublicDefenselessPodcast Twitter @PDefenselessPod www.publicdefenseless.com Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN

Continuing our Fourth Amendment mini-series, Hunter is joined today by Clare Garvie, the facial recognition technology guru at the Fourth Amendment Center. As she lays out in her excellent report on facial recognition technology, its use is widespread, and that should frighten everyone. Thanks to Clare's expertise, hopefully each of you will walk away understanding that facial recognition technology is not something that police departments should be using any time soon. Guests: Clare Garvie, Training and Resource Counsel, Fourth Amendment Center, NACDL Resources: Fourth Amendment Center https://www.nacdl.org/Landing/FourthAmendmentCenter A Forensic Without the Science: Face Recognition in U.S Criminal Investigation http://forensicwithoutscience.org/ New Jersey v Arteaga https://epic.org/nj-court-says-defendant-entitled-to-detailed-discovery-on-the-facial-recognition-search-that-identified-him/ Wrongful Arrest of Porsha Woddruff https://www.nytimes.com/2023/08/06/business/facial-recognition-false-arrest.html Email Clare cgarvie@nacdl.org Contact Hunter Parnell: Publicdefenseless@gmail.com Instagram @PublicDefenselessPodcast Twitter @PDefenselessPod www.publicdefenseless.com Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN

Today, we kick of two straight weeks of coverage on the future of the Fourth Amendment. We start our mini-series by speaking to the Director of the National Association of Criminal Defense Lawyer's Fourth Amendment Center Jumana Musa. Today's episode sets the stage for our upcoming conversations about facial recognition, reverse key word warrants, geofence warrants, and the general rise of big data policing. The ultimate question: Given the Supreme Court and lower Court decisions on Fourth Amendment Cases, what faith should we have that the legal profession is ready to usher the Fourth Amendment into the 21st century? Guests: Jumana Musa, Director, Fourth Amendment Center, National Association of Criminal Defense Lawyers Resources: Carpenter v U.S. https://www.supremecourt.gov/opinions/17pdf/16-402_h315.pdf Riley v California https://www.law.cornell.edu/supremecourt/text/13-132 Electronic Frontier Foundation https://www.eff.org/ Fourth Amendment Center https://www.nacdl.org/Landing/FourthAmendmentCenter ACLU Fourth Amendment https://www.aclu.org/issues/criminal-law-reform/reforming-police/search-and-seizure Contact Hunter Parnell: Publicdefenseless@gmail.com Instagram @PublicDefenselessPodcast Twitter @PDefenselessPod www.publicdefenseless.com Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN

Without exception, every single state Public Defender system is facing a shortage of Public Defenders. In many of our episodes, we've discussed innovative ways to try and bolster the number of people in law school interested in pursuing a career in Public Defense. Unfortunately as today's guest reveals, there is simply no way for law schools to solve the shortage of people. John Gross has spent the better part of the last two decades trying to come up with ways to solve the crisis in Public Defense. Without drastic systemic changes, and perhaps a string of case refusals, he is certain that we cannot simply recruit our way out of the shortage of Public Defenders. Guests: Professor John Gross, Director of the Public Defender Project, University of Wisconsin School of Law Resources: John's Faculty Page https://law.wisc.edu/profiles/jpgross3@wisc.edu John's previous writings on Public Defense https://www.publicdefenders.us/blog_home.asp?display=1062 https://www.publicdefenders.us/blog_home.asp?display=35 https://harvardlawreview.org/blog/2023/03/reframing-the-indigent-defense-crisis/ https://www.nacdl.org/Document/GideonI-RationingJusticeUnderfundedAssignedCounsel Contact Hunter Parnell: Publicdefenseless@gmail.com Instagram @PublicDefenselessPodcast Twitter @PDefenselessPod www.publicdefenseless.com Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN

Today, Hunter is joined by fellow podcaster David Moore. David is the host of the incredible Podcast, Another Not Guilty, that seeks to take a Public Defender twist on the true crime genre. As arguably the most popular genre of podcast, the true crime world often disregards the cases that result in a not guilty and are desperately lacking the perspective of the defense counsel who secure them. With ANG, David strives to give a platform for Public Defenders from around the country to showcase their victories in a manner that pokes fun at the comical stupidity our legal system. Guests: David Moore, Public Defender, Los Angeles and Host of the Another Not Guilty Podcast Resources: Another Not Guilty Podcast https://www.anothernotguiltypod.com/ Another Not Guilty Spotify https://open.spotify.com/show/3tSDZ0wKsXpwSHDqW81CU8 Another Not Guilty Apple https://podcasts.apple.com/us/podcast/another-not-guilty/id1395439829 Contact Hunter Parnell: Publicdefenseless@gmail.com Instagram @PublicDefenselessPodcast Twitter @PDefenselessPod www.publicdefenseless.com Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN

Today, Hunter is once again joined by UCLA law student, Kaelen Perrochet, for another deep dive into the world of legal ethics. Last time he was on, Kaelen explored the reasons why we punish people, and today, he brings more excellent commentary on why it is so difficult for people to imagine a country that protects a person's positive and negative rights. Guests: Kaelen Perrochet, Law Student, UCLA School of Law Resources: Follow Kaelen on Twitter https://twitter.com/KaelenPerrochet Follow Kaelen on Instagram https://www.instagram.com/kperrochet/?hl=en Contact Hunter Parnell: Publicdefenseless@gmail.com Instagram @PublicDefenselessPodcast Twitter @PDefenselessPod www.publicdefenseless.com Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN

After speaking with Chief Public Defenders from most of the major metropolitan areas in California, Hunter turns today's episode to the smallest full time Public Defender Office in the state. Lael Kayfetz, Chief Public Defender in Siskiyou County California, joins the show to share her experience of leading an office in conservative, rural California. While not all the things that make her successful can easily be ported over to larger jurisdictions, there is a great many lessons to be learned from a leader who has successfully navigated this challenging political climate over an amazing 18-year career. Guests: Lael Kayfetz, Chief Public Defender, Siskiyou County, California Resources: Contact Lael https://www.co.siskiyou.ca.us/public-defender/custom-contact-page/public-defender-contact-information AB 625 https://pluralpolicy.com/app/legislative-tracking/bill/details/state-ca-20212022-ab625/787429 Lake County 6AC Report https://6ac.org/lake-county-california-report/ Santa Cruz County 6AC Report https://6ac.org/santacruz/ Contact Hunter Parnell: Publicdefenseless@gmail.com Instagram @PublicDefenselessPodcast Twitter @PDefenselessPod www.publicdefenseless.com Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN

An unfortunate theme of the show is the reality that the Supreme Court is more than happy to close the doors of the courthouse to those who are factually or legally innocent. Preferring to uphold and support the concept of "finality" over truth, the Supreme Court once again found a way to keep a potentially innocent man from escaping an unjust sentence. Joining Hunter to discuss this and more is Alison Guernsey, Director of the University of Iowa College of Law Federal Criminal Defense Clinic, and Meredith Esser, Director of the University of Wyoming College of Law Defender Aid Clinic. As former Federal Public Defenders themselves, both hope to draw attention to the immense disparity between people's conception of justice and the "justice" available to those trapped in the Federal Criminal Legal System. Guests: Professor Alison Guernsey, Director Federal Criminal Defense Clinic, University of Iowa College of Law Professor Meredith Esser, Director Defender Aid Clinic, University of Wyoming College of Law Resources: Jones v Hendrix https://www.supremecourt.gov/opinions/22pdf/21-857_4357.pdf https://theappeal.org/supreme-court-jones-v-hendrix-hurting-innocent-people/ Shinn v Ramirez https://www.supremecourt.gov/opinions/21pdf/20-1009_19m2.pdf Rehaif v US https://www.supremecourt.gov/opinions/18pdf/17-9560_e2p3.pdf Changes to Compassionate Release https://www.fd.org/news/sentencing-commission-votes-expand-compassionate-release FCI Dublin Coverage https://www.cbsnews.com/sanfrancisco/news/fci-dublin-womens-prison-sexual-abuse-class-action-lawsuit-filed-bureau-of-prisons/ https://www.justice.gov/usao-ndca/pr/two-more-dublin-federal-correctional-officers-plead-guilty-sexually-abusing-multiple Meredith's Law Review Article "Extraordinary Punishment: Conditions of Confinement and Compassionate Release" https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4410197 Allegra McLeod Law Review Article "Prison Abolition and Grounded Justice" https://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=2502&context=facpub Alison's Faculty Page https://law.uiowa.edu/people/alison-k-guernsey Follow Alison on Twitter https://twitter.com/alison_guernsey?lang=en Meredith's Faculty Page https://www.uwyo.edu/law/directory/meredith-esser.html Contact Hunter Parnell: Publicdefenseless@gmail.com Instagram @PublicDefenselessPodcast Twitter @PDefenselessPod www.publicdefenseless.com Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN

Today, Hunter is once again joined by Delaware Chief Public Defender, Kevin O'Connell. Last time, Kevin came on to discuss the uniquely terrible Delaware Law Enforcement Bill of Rights. This time, Hunter and Kevin did a deeper dive into the past, present, and future of Public Defense in the state of Delaware. Of all the important parts of this episode, the journey taken by Delaware Public Defense following their Sixth Amendment Center report is strong evidence that meaningful change is possible! Guests: Kevin O'Connell, Chief Public Defender, Delaware Resources: Delaware Public Defender Report https://6ac.org/delaware-report/ Public Defender Delaware https://ods.delaware.gov/ Delaware Campaign to End Debtor's Prisons https://finesandfeesde.org/ Contact Hunter Parnell: Publicdefenseless@gmail.com Instagram @PublicDefenselessPodcast Twitter @PDefenselessPod www.publicdefenseless.com Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN