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. Jun 8

    New Compassionate Release Cases: Is the Door to Freedom Shrinking?

    With the First Step Act of 2018 came the great hope of expanded grounds and use of "Compassionate Release."   Judges were offered the promise of wider discretion to give deserving clients a second look at sentencing. But, the Supreme Court just made compassionate release a whole lot harder to get, because in two back-to-back decisions — Fernandez and Rutherford — the Court slammed the door on two of the most frequently used grounds for eligibility. In this episode, Passon convenes two of the sharpest minds in federal sentencing — regular guest Mark Allenbaugh and returning star Prof. Doug Berman — for a deep-dive reaction.  Together, we break down what each case actually holds, where the majority reasoning goes wrong, why the dissents matter, and — critically — what still works.  Because even though it seems the door is shrinking---  it hasn't closed. If you litigate compassionate release, this episode is required listening!   IN THIS EPISODE: History of compassionate release; (25:12) Discussion of Fernandez; Advice for arguing around these two restrictive opinions; (39:00) Discussion of Rutherford; How both opinions usurp the role of both Congress and the US Sentencing Commission; (56:00)  How two pending cases, Maxwell and Beaird, may impact future compassionate release cases   LINKS: Sentencing Law and Policy – A new home for SL&P  (Berman's Blog) A great substack where Prof. Berman frequently contributes:  Sentencing Matters Substack | DAB | Substack On that note, here's a great SM Substack piece from today on this very issue: https://open.substack.com/pub/sentencing/p/textualism-in-name-policymaking-in?r=1f0z1k&utm_campaign=post&utm_medium=email Link to Judge Block's Book, A Second Chance: A Federal Judge Decides Who Deserves It, on Amazon:  https://a.co/d/07xJD1zs Drugs on the Docket, Season 3:  Excited for start to Season Three of "Drugs on the Docket" podcast | Sentencing Law and Policy Set for Sentencing is heading to Substack!  We have not officially launched, but by all means, subscribe for future awesomeness coming down the pike: https://substack.com/@dougpassonlaw

    1h 16m

  2. May 25

    "8647": A New Low for Trump's DOJ

    It's hard to understand how someone like James Comey could be indicted for posting a picture of seashells on a beach.  But, just when it seems like we arrived at the full-on DOJ "low-tide", Todd Blanche and J.D. Vance roll out the new "weaponization fund".  Will it ever be safe to go back in the water?    In this episode of set for sentencing, Mark Allenbaugh and I tackle a number of subjects, with the Comey case being the centerpiece.  There's something for everyone in this one, including: IN THIS EPISODE: 8:00  --- Pending supreme court cases that could have significant consequences on federal sentencing; 21:00-- What sentencing guideline amendments did and did NOT pass; 31:00 – The new James Comey "Seashell" indictment; 52:30 – My take on Cole Allen, the White House Correspondent's Dinner Shooting, and the implications of autism in his defense. OTHER LINKS: In a recent episode, I did a deep dive into the difference between intellectual functioning and other brain deficits with neuropsychologist, Dr. Ted Lidsky:  Atkins & The IQ Fallacy: Why IQ is Not a Reliable Measure of Culpability (with Dr. Ted Lidsky) - Set for Sentencing by Doug Passon Law My practice includes a sub-specialty in "autism informed criminal defense."  If you haven't seen my other podcasts and resources  on this important, often misunderstood topic, please give it a look:  Autism-Informed Criminal Defense - Doug Passon Law

    1h 6m

  3. May 11

    Negotiating Plea Agreements with Bite (Pt. II of "Straight Up No Chaser")

    The decision whether to enter into a plea agreement with the government/state is the most important choice a client will make.  But too many clients enter into bad pleas - ones that promise little and give up a lot.   A client shouldn't have to settle for a plea that lacks real bite. Therefore, in Part II of our plea agreements bonanza, we go through, point by point, the elements of what makes a good plea. IN THIS EPISODE: Knowing the hallmarks of a "good" plea agreement; Knowing the long-term implications of rights you will be required to waive; The crucial difference between plea "stipulations" and plea "recommendations" Making sure your plea does not tie your hands on facts, arguments or mitigation you can present at sentencing; Bargaining for conditional appeal provisions; Bargaining away mandatory minimums; Pleading to an offense that substantially reduces potential statutory maximum; Keeping the door open for compassionate release and new challenges based on future changes to the guidelines or law ; The Hunter case, pending in the Supreme Court, that may make appeal waivers unconstitutional; And, now for something completely different, a recommendation for a powerful documentary ("Predators").  Here is a link to the trailer for the documentary, "Predators".  This film takes a fresh look at the  "To Catch a Predator" series, and asks hard questions about Hansen's motivations and methods, and how he ruined lives ruined for ratings.  It does what criminal defense lawyers have to do every day, take a hugely reviled class of alleged offenders, and demonstrate that there is another side to the story.

    46 min

  4. Apr 6

    Pleading Straight Up, No Chaser! (Part I)

    Pleading guilty and waiving your right to be presumed innocent until proven guilty beyond a reasonable doubt at trial is the most important choice a client will make in any case.  But the decision to enter into a less than ideal plea agreement with the government is often influenced by fear, intimidation and false information.  So, it's time to give greater consideration to a third option – pleading "straight up" with no written agreement with the government.  Why would one ever consider doing such a thing?  Listen and find out! This is a two-part episode, as there is a lot of ground to cover.  Part One lays the foundation, and gives great stats.  Part Two, dropping soon, arms clients with the information they need to ask the right questions and to work with counsel to make the best choice.  IN THIS EPISODE: Tequila talk (I promise this week it's totally relevant to the topic at hand!); Current events:  the latest on the fight to disqualify the US attorney in New Jersey; Current events:  predictions on who will be the new AG; DOJ's proposed rule to shut down state bar ethics investigation of DOJ lawyers; What does it mean to plead guilty "open" or "straight up"; The (sometimes) myth of the "trial penalty"; Statistics about pleas vs. trial. ALSO:  MAKE YOUR VOICE HEARD!!!  Comment Today (4/6) and tell the DOJ lawyers they are NOT above the law or rules of ethics: CLICK ON THIS LINK TO COMMENT!!!!

    55 min

  5. Mar 23

    Atkins & The IQ Fallacy: Why IQ is Not a Reliable Measure of Culpability (with Dr. Ted Lidsky)

    The Supreme Court determined that individuals with intellectual disabilities are less culpable and should not face capital punishment.  Diminished Capacity is also applied in non-capital sentencings. In Hamm v. Smith, the Supreme Court is revisiting the 70 IQ cutoff because of new understandings about errors in measurement. But the bigger problem is IQ tests fail to measure key cognitive deficits tied directly to moral and criminal responsibility.   Therefore, it's time for courts to move beyond IQ as the sole measure of brain functioning.   IN THIS EPISODE: Five misconceptions about whether IQ is a valid reflection of impaired cognitive functioning; A list of all cognitive deficits IQ tests do NOT measure; "The Practice Effect" and other measurement errors in IQ testing; Atkins in the context of Autism – the rationale for Atkins is the same, but the standard is useless; The curious case of Phineas Gage – frontal lobe damage doesn't always impact IQ; Traumatic brain injury doesn't always impact IQ; The right testing to measure cognitive deficits.   CONTACT INFO FOR DR. LIDSKY:   732-580-6157  |  tlidsky@gmail.com   LINKS: A deep dive into Hamm v. Smith on Scotus Blog:   https://www.scotusblog.com/2025/12/hamm-v-smith-and-the-future-of-capital-punishment/   Other Set for Sentencing Ep. with Dr. Ted Lidsky:  Ep. 81:  A Child's Poison

    1 hr

  6. Mar 9

    Life for Charles "Sonny" Burton: Act now to Save Sonny!

    Charles "Sonny" Burton is a 75 year old man on Alabama's death row.  But he NEVER KILLED ANYONE.  He was convicted under the archaic and unjust "felony murder" rule.  His more culpable co-defendant got life.  Six jurors regret their vote and want him to live.  The victim's daughter wants him to live.  There has likely never been a more compelling case for clemency.  It's now in the hands of the governor to spare his life. Act now to save him!   Contact Governor Kay Ivey and make your voice heard -- 334-242-7100 Instagram:  @governorkayivey  go to www.charlessonnyburton.com to sign a petition.   Here's a compelling new NBC News report on Sonny: Alabama set to execute man who didn't kill anyone

    56 min

  7. Feb 23

    What's Crackin' at the Sentencing Commission - New Proposals that Could Change the Shape of Federal Sentencing

    Congress intended most first-time non-violent offenders receive a non-custodial sentence.  That's how federal law worked before the guidelines.  But, the guidelines did not fulfill that promise because the majority of those sentenced, end up having to serve time in the crumbling, overcrowded Bureau of Prisons.  All that may be about to change, with revolutionary new proposals the Commission is considering.   Take a listen, and then make your voice heard by lodging your comment on the USSG website: https://www.ussc.gov/policymaking/public-comment/public-comment-2026-proposed-amendments   IN THIS EPISODE: Trump Tarriff case and it's implications in the criminal world; The major questions doctrine; Proposed complete restructuring of sentencing guidelines table; Proposed post-offense rehabilitation reductions   LINKS: Visit the SET FOR SENTENCING SHOWNOTES FOR THE FOLLOWING LINKS: -prior recent podcast on other guideline amendment -3 R'S of Sentencing Narrative Article -New Law 360 Article by Doug Passon and Mark Allenbaugh on Guideline changes

    1 hr

  8. Feb 9

    Absolute Power (Pt.II): Clear Messaging in the Age of the Information Maelstrom

    It's easy to get overwhelmed by the onslaught of horrible headlines.  But advocates need to fight, and words are our weapons.  But the problem is, lawyers are never taught how to cut through the noise and get to the heart of the argument.  Part 1 defined the problem:  Abuse of Power; Trump exerting total control over the Department of Justice to weaponize the law against his enemies.   Don Lemon is the target de jure. In this, Part 2 of "Absolute Power" we consult with communications expert Dr. Randy Olson on how to cut the noise and speak clear truth to power.  But it's not easy, particularly when the powers that be engage in Steve Bannon's strategy of "flooding the zone with shit." Therefore, Dr. Olson provides valuable guidance on how we can better communicate the truth of what's happening.     IN THIS EPISODE:     Cutting through the information maelstrom to find the central theme of your communication (the "Dobzhansky" template); Understanding the power of narrative; Messaging for turbulent times; How Steve Bannon weaponizes non-narrative to "Flood the Zone with Shit"; "The Gish Gallop";  The "DNA" of narrative:  Dream, Nightmare, Action; Constructive critique of Abbe Lowell's press release in the Don Lemon case; The key to narrative is proper framing; A musical finale – in honor of friends and family in Minnesota – "Hospital in Duluth"  (written and performed by Doug Passon, with Ken Murray on harmonica).   LINKS: MORE ON DR. RANDY OLSON & THE  "ABT"  NARRATIVE TEMPLATE

    1 hr
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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!

Information

  • Creator
    Doug Passon
  • Years Active
    2022 - 2026
  • Episodes
    137
  • Rating
    Explicit
  • Copyright
    © 2022, Law Offices of Doug Passon, PC
  • Show Website
    Set For Sentencing

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