Set For Sentencing

Doug Passon

Over a million people a year will face sentencing. For a client and their loved ones, it will be the most important day of their lives. Unlike at trial, there is virtually no limit to the kind of information a lawyer can credibly present to advocate for their client and demonstrate their humanity at sentencing. My passion is helping lawyers and clients craft their most compelling sentencing narratives. So, I was inspired to create this new podcast drawing on my 25+ years of criminal defense experience, my passion for storytelling, my expertise in producing mitigation videos, and my years spent consulting and developing compelling case narratives that get real results. In Set for Sentencing, I present cutting edge resources, world-class experts, and the straight scoop on our often dysfunctional system -- all in service to one goal -- to bring more more justice, more humanity, and more hope to the sentencing process. So, are you ready? Then let's get SET FOR SENTENCING!

  1. 12/15/2025

    Year End Review (White Collar Support Presentation)

    It's the last podcast of the year, and what better way to end than with a presentation to the amazing group, White Collar Support (www.prisonist.org).  I was grateful to have the opportunity to present to this community, a brainchild of attorney Jeff Grant.    It's particularly fitting for a 2025 finale, as the hour is a recap of the effective sentencing strategies we've been discussing on this podcast, and deploying in our own cases. Please like, share and subscribe.  Have great holidays.  Drink a responsible amount of great tequila, and we will see you in 2026!!!   IN THIS EPISODE:  Doug Passon's story!  Including Mitigation Filmmaking, Sentencing Consulting, and Autism-informed criminal defense; Narrative is everything; Defense Maps; The "3Rs" of mitigation narrative; There are at least TWO SENTENCINGS that occur in every case; Mitigation development must start EARLY; Use of qualified experts to bolster sentencing narratives; Choosing your prison experts wisely – all are not created equal; Effectively using sentencing and life expectancy statistics; The nuts and bolts of sentencing mitigation films; The value (or lack thereof) of sentencing letters; The power of allocution; Tips for choosing the very best lawyer for your case.   LINKS:   White Collar Support:  https://prisonist.org/ Defense Maps:  https://www.defensemap.com/ Sentencing Statistics:  www.sentencingstats.com Dr. Not Guilty, by Muhamad Aly Rifai, MD.  The Simpsons Do Mitigation Videos!? (Clip from Season 30, ep. 15, "101 Mitigations") FREE DOWNLOADS:  CLICK HERE TO VISIT MAINPAGE  of the podcast for downloads: CHAPTER EIGHT OF DR. NOT GUILTY -- CHOSSING YOUR DEFENDER 3RS OF SENTENCING NARRATIVE (BY DOUG PASSON) SAMPLE SENTENCING LETTER REQUEST (BY DOUG PASSON)

    1h 22m
  2. 12/01/2025

    Understanding Autism with Dr. Nick Dubin

    Justice-involved autistic individuals have valuable insights for understanding criminal legal challenges related to autism. With proper support and guidance, positive outcomes are possible. Dr. Nick Dubin transformed his own experience in the criminal system into a story of advocacy and hope.   IN THIS EPISODE: Autism is a condition of profound isolation; Examples of autistic vulnerabilities; A discussion of "theory of mind" (inability to intuit the intentions or feelings of others); How Dr. Dubin became ensnared in the criminal system; How to help decision makers understand the truth of autistic deficits; Advice for lawyers representing clients with autism; Why traditional therapy is not only unhelpful, but potentially traumatizing; Autistic "meltdowns"; Dr. Dubin's advocacy and accomplishments.   PUBLICATIONS BY DR. NICK DUBIN: The Autism Spectrum, Sexuality and the Law: What every parent and professional needs to know  https://www.amazon.com/dp/1849059195/   Autism Spectrum Disorder, Developmental Disabilities, and the Criminal Justice System https://www.amazon.com/Spectrum-Disorder-Developmental-Disabilities-Criminal/dp/1787753611/   Caught in the Web of the Criminal Justice System: Autism, Developmental Disabilities, and Sex Offenses https://www.amazon.com/Caught-Criminal-Justice-System-Developmental/dp/1785927132/   OTHER LINKS: D3:  https://dthree.org/ Autism Innocence Project:  https://autisminnocenceproject.org/ Judicial System | Autism Speaks:  https://www.autismspeaks.org/judicial-system   Laurie Program/Video:  Autism & The Justice System: Dr. Laurie Sperry and Doug Passon on Vimeo :  https://vimeo.com/1105914147

    1h 17m
  3. 09/28/2025

    Save Robert Roberson.

    Robert Roberson is set to be executed by the state of Texas on October 16, 2025.   But he is innocent.  He has spent 20 years on death row, having been convicted of killing his 2 year old daughter Nikki. Robert's wrongful conviction was based on the now universally debunked theory of "shaken baby syndrome".  But autism plays a significant role in this tragedy as well, because the powers that be misinterpreted Robert's "odd" behavior, as evidence of his guilt.       Robert's case has garnered BIPARTISAN support in the TEXAS legislature.  Even the lead detective in the case now unequivocally concludes Robert is innocent.  Lastly, a cadre of independent experts have presented unassailable evidence that Nikki's death was not a homicide. But despite all of this, the Texas Attorney General, Ken Paxton, and the governor, Greg Abbot, refuse to stop this injustice. Now, it is up to us.  Please listen to this episode, which includes two experts from the case, and then ACT. You can: 1) Call Gov. Abbot (737-277-6778) or reach out to him online and ask him to use his power to grant a 30 day reprieve to allow the courts to rule on his pending petion for a new trial; 2) Visit the innocence project and sign their petition https://innocenceproject.org/cases/robert-roberson/ 3) Show up for a rally in support of Mr. Roberson, on October 4 at 1:00pm at the Texas Capitol in Austin, TX.   ADDITIONAL LINKS:   Watch New York Times Opinion Video by former lead detective Brian Wharton here. More information about Robert Roberson's case can be found here: What People Are Saying About Robert Roberson and here: https://innocenceproject.org/news/what-to-know-about-robert-roberson-on-texas-death-row-for-a-crime-that-never-occurred/  To speak with an attorney for Robert Roberson please contact: Laura.Burstein@Squirepb.com or 202-669-3411.

    1h 9m
  4. 09/22/2025

    Terrible, But Not "Terrorism": the Death of Charlie Kirk

    The murder of Charlie Kirk is tragic and unacceptable, and the perpetrator must face justice. If we can all agree on that, we can begin to heal. But, it's not "terrorism" under any definition, because at this point there has been zero indication that the alleged perpetrator acted with the intent to intimidate or coerce a civilian population or to influence or retaliate against government policy. Branding Americans "domestic terrorists" when the label does not legally apply risks further dividing an already fractured country, and is yet one more strategy taken straight from the authoritarian's playbook.    We talk about this through the lens of a brand-new court opinion dismissing state terrorism charges against Luigi Mangione, the alleged killer of the United Health Care CEO.  The language there is instructive for any state AND federal so-called terrorism case, moving forward.    IN THIS EPISODE: Dismissal of state terrorism counts of Luigi Mangioni and rationale; Whether the kirk murder case could and/or should go federal; Conflict of interest in the kirk case; The problem of pretrial publicity; Federal definition of terrorism; Federal guidelines that exponentially increase sentence in so-called terrorism cases; Definition of "civilian population"; All upward departures (except 5K) go away, come Nov. 1, 2025; The unfair and likely unconstitutional federal grand jury process; Ideology, in and of itself, is NOT terrorism.   LINK:  Prior episode on Terrorism Enhancement:  Ep. 108: Reign of Terror: Tesla, Luigi Mangione, & Beyond.

    1h 10m
5
out of 5
32 Ratings

About

Over a million people a year will face sentencing. For a client and their loved ones, it will be the most important day of their lives. Unlike at trial, there is virtually no limit to the kind of information a lawyer can credibly present to advocate for their client and demonstrate their humanity at sentencing. My passion is helping lawyers and clients craft their most compelling sentencing narratives. So, I was inspired to create this new podcast drawing on my 25+ years of criminal defense experience, my passion for storytelling, my expertise in producing mitigation videos, and my years spent consulting and developing compelling case narratives that get real results. In Set for Sentencing, I present cutting edge resources, world-class experts, and the straight scoop on our often dysfunctional system -- all in service to one goal -- to bring more more justice, more humanity, and more hope to the sentencing process. So, are you ready? Then let's get SET FOR SENTENCING!

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