Foxcast Legal Listening

Fox Rothschild

Fox Rothschild LLP is a national law firm with over 1000 attorneys coast to coast. Our lawyers provide a full range of legal services to public and private companies – from family-run businesses to multinational corporations. We also represent charitable, medical and educational institutions both in the United States and in more than 50 countries worldwide. In our podcasts, the attorneys of Fox share their insight and knowledge on some of today’s most pertinent legal issues impacting individuals and businesses.

  1. Presumption of Innocence - Episode 88

    4d ago

    Presumption of Innocence - Episode 88

    Episode 88 Bargained Away: Inside America's Plea Machine Hosted by Matt Adams “One of the most haunting questions I've asked on social media is for prosecutors to identify any lever that the law permits them to apply in order to try to elicit a guilty plea that they would not apply because they personally think that it would be immoral, unethical or otherwise unjust to apply that much leverage. I've never had a single prosecutor in any setting identify any lever that is lawfully available to them to exert leverage to get a plea that they wouldn't apply, and … that horrifies me.” The Bill of Rights devotes more space to jury trials than any other topic. Yet today, over 90% of criminal convictions are obtained through plea bargains. How did we get here? In this provocative episode, host Matt Adams sits down with Clark Neily, Senior Vice President for Legal Studies at the Cato Institute, who calls America’s criminal justice system a “raging dumpster fire of injustice” driven by prosecutors who prioritize efficiency over justice. Matt and Clark explore how trial penalty, charge stacking, mandatory minimums, pretrial detention and even threats against family members are used as tools to pressure defendants — including innocent defendants — into pleading guilty. Clark traces the historical rise of mass plea bargaining and discusses bold reforms like plea integrity units and trial lotteries that could help restore the Constitution’s promise of trial by jury. From real-world courtroom stories of prosecutorial overreach to shocking historical parallels with medieval torture, this episode is a bracing look at how America’s criminal justice system became dominated by coercive plea bargaining. 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.

    1h 13m
  2. Presumption of Innocence - Episode 87

    Jun 23

    Presumption of Innocence - Episode 87

    Episode 87 Public Defense Reimagined: A New Jersey Blueprint Hosted by Matt Adams “Most people don't want to commit crime. There are very few people who go out of their house in the morning and say, 'I'm going to commit crime.' ... Most people are dealing with experiences in their lives, be that addiction, be that mental health issues, be that an inability to get a job or housing, that are maybe not the direct cause of crime, but certainly part of a constellation of things that keep people trapped in a cycle." In this episode of The Presumption of Innocence, host Matt Adams sits down with Jennifer Sellitti, who leads New Jersey’s Office of the Public Defender, to discuss her office’s holistic defense pilot in Atlantic, Hudson and Monmouth Counties. The program pairs attorneys with client service specialists, many who have firsthand experience with the justice system, to connect clients with a range of services that address the broader needs driving criminal justice involvement. The pilot has shown promising results for participants: a 98% arrest-free rate among a parole-related subset, prison sentences that are 65% shorter than the national average, and an average reduction of 2.2 years in state prison exposure. At an estimated $75,000 per year to incarcerate one person in state prison, Sellitti explains the program could generate substantial taxpayer savings while helping clients rebuild their lives. Legislation is pending to expand the program across New Jersey. Sellitti also discusses the core role of public defenders in protecting constitutional rights, including her office’s recent representation of protesters arrested outside Newark’s Delaney Hall ICE detention facility. 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.

    54 min
  3. Presumption of Innocence - Episode 86

    Jun 9

    Presumption of Innocence - Episode 86

    Episode 86 Weaponization of DOJ Isn't New: The Untold Story of Stephen Keller Hosted by Matt Adams and Stephen Keller “My heart dropped to my feet. And the life just left me, and I knew that at that time we were done. I knew whatever this was, it's not good... After that, the whole demeanor of the judge changed. Anything my attorneys asked for, they were not granted... There was absolutely no due process from that meeting on for me."Weaponization of the criminal justice system was happening long before it had a name. That's what Stephen Keller posits in his book, Pay to Play: Political Corruption, Corporate Greed, and the Cost of the American Dream. In the late 1990s, Stephen was living every entrepreneur's dream. In his late twenties, he entered the viatical settlement market and went on to essentially create the life settlement industry, which today moves $30 billion annually. But as Stephen's company became the largest player — and disruptor — in the sector, he found himself walking around with a target on his back. A specific, well-resourced insurance company, threatened by his business model, allegedly orchestrated a coordinated effort with federal authorities to bring him down. In this powerful episode of "The Presumption of Innocence," host Matt Adams sits down with Stephen to discuss the alleged takedown, the pay-to-play political system he encountered while seeking relief, the life-altering moment when the U.S. Attorney General inexplicably arrived at his federal trial to meet privately with the judge, and his ceaseless attempts to clear his name during the nine years he spent in prison. This is an episode you won't want to miss. 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.

    56 min
  4. The Presumption of Innocence - Episode 85

    May 26

    The Presumption of Innocence - Episode 85

    Episode 85 The Presumption of Innocence - Episode 85 Inside the Interrogation Room: A Psychologist's Mission to End False Juvenile Confessions An innocent person would never confess to a crime they didn't commit, right? That's what most people believe. But the science tells a very different story. In this compelling episode of “The Presumption of Innocence,” host Matt Adams talks with Dr. Hayley Cleary, a Virginia Commonwealth University professor who is an expert on police interviews and the interrogation of youth. Their conversation unpacks the psychology of how an interrogation room can turn into a false-confession risk zone — especially for juveniles and adolescents who are generally socialized from a young age to comply with requests from authority figures in virtually every facet of their lives. This episode takes you inside the interrogation room, exploring how police tactics can distort a suspect's choices, particularly for vulnerable juveniles. Dr. Cleary also discusses the potential impact of reforms, such as recorded interrogations and science-based police questioning, and how new virtual-reality research is providing insight into the experience of being interrogated from the subject’s perspective. 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.

    46 min

About

Fox Rothschild LLP is a national law firm with over 1000 attorneys coast to coast. Our lawyers provide a full range of legal services to public and private companies – from family-run businesses to multinational corporations. We also represent charitable, medical and educational institutions both in the United States and in more than 50 countries worldwide. In our podcasts, the attorneys of Fox share their insight and knowledge on some of today’s most pertinent legal issues impacting individuals and businesses.

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