Both Sides of the Bench

Shaun Yurtkuran

State’s Case (Prosecution) How cases get built—and where they break. Former prosecutor breaking down the strategy, the spin, and the shortcuts. Not every “slam dunk” is real. Defense (Reality Check) This is where the State gets tested. Real defense strategy. Real courtroom pressure. It’s not what they say—it’s what they can prove.

  1. Oct 10

    I Put a Man on Death Row. Now I'm Questioning the Death Penalty.

    Tennessee tried to execute a woman by lethal injection. She survived. They administered a second dose. She survived that, too. Now she's recovering in a hospital, and there's a serious constitutional question: Can the state legally try to execute her again? This week on Both Sides of the Bench, I examine Tennessee's botched execution, the Eighth Amendment's prohibition against cruel and unusual punishment, and a 1947 Supreme Court case involving a man who survived the electric chair. But the story also got me thinking about my own experience. In 2013, I was the lead prosecutor in a Mississippi capital murder case involving James Cobb Hutto. The jury convicted him and sentenced him to death. He's been sitting on death row ever since. Thirteen years later, I've spent a lot of time questioning whether the death penalty actually accomplishes anything. Does it deter crime? Is it justice or simply retribution? And what happens when our imperfect criminal justice system sentences an innocent person to death? I also get into the war on drugs, why I believe our approach to addiction and incarceration isn't working, and why we need to rethink what we're actually trying to accomplish by punishing people. Then we tackle some of the biggest legal myths I hear after more than 20 years practicing law. Do police have to read you your Miranda rights when they arrest you? Can you talk your way out of trouble? Can undercover officers lie about being cops? Can you be arrested for drugs that aren't yours? Can a victim drop criminal charges? And finally, why relying on ChatGPT and other AI programs for legal advice might not be the brilliant idea you think it is. It's a little law, a little personal experience, and a few opinions that might surprise people who know my background as a former homicide prosecutor. Both Sides of the Bench with Shaun Yurtkuran Saturdays at 11 AM on WYAB 103.9 FM in Jackson, Mississippi.

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About

State’s Case (Prosecution) How cases get built—and where they break. Former prosecutor breaking down the strategy, the spin, and the shortcuts. Not every “slam dunk” is real. Defense (Reality Check) This is where the State gets tested. Real defense strategy. Real courtroom pressure. It’s not what they say—it’s what they can prove.

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