Proof Over Precedent Podcast

Proof Over Precedent is a weekly podcast discussing the work of bringing credible evidence to lawyers, judges, and decision makers, to transform the U.S. justice system into an evidence-based field. Listeners will learn from one-on-one interviews with experts in the area of access to justice–researchers, lawyers, professors, law students, data analysts, research participants, and anyone who has an interesting role in this growing area.

Cartoon depicting the clear path to a life without parole sentence, in comparison to the procedural safeguards to a death sentence

Episode 31: Life Without Parole—a Death Sentence in Disguise

In this “Student Voices” episode, HLS J.D. candidate Kristen Arnold looks at the procedural shortcomings of life sentences without the possibility of parole, particularly in comparison to capital punishment cases. She dives into the injustices of the LWOP procedure, the no-hope consequences for inmates and the system, and opportunity for a randomized control trial in the field to improve fairness.

Cartoon depicting a judge on a cellphone saying they're buying an autopen before affidavit review

Episode 30: Do Judges Actually Read Search Warrants?

Despite search warrants being a topic of significant interest in court cases and legal scholarship, the process of obtaining warrants offers comparatively little information. But when researchers found a surprising public data point in this field, their analysis led to sobering findings regarding the time judges spend reviewing warrants and the high approval rates of such warrants. In this episode of Proof Over Precedent, the researchers discuss their work, the data analysis process, and the implications of potentially insufficient judicial review of warrants.

Episode 28: Pretrial Detention Efficacy and Alternatives

This Student Voices episode focuses on the data and studies pointing to the shortcomings of pretrial detention – the significant costs, lack of impact on reducing crime, and shortage of failure-to-appear connections. HLS JD candidate Leann Poarch instead suggests a low-cost, relatively low-tech alternative that may be more effective.

Cartoon depicting cycle of pretrial detention and the social and economic costs on communities

Episode 27: The Hidden Costs of Pretrial Detention

In this Student Voices episode, HLS J.D. candidate Leann Poarch discusses the significant costs of detaining individuals who await trial, such as legal fees, loss of employment, and long-term economic and psychological effects. Given that detaining individuals not yet convicted can cost local governments more than $13 billion, is it time to look into reforming the pretrial system?

Cartoon depicting a soccer player being told by a ref to start using hands in the game.

Episode 26: When is Informed Consent Unnecessary?

In this episode of Proof Over Precedent, the fourth in a series on Ethics in the Law, host Jim Greiner talks again with IRB expert Shannon Sewards to discuss the complexities and criteria involved in obtaining waivers of informed consent within the realm of social science and legal research, comparing it to the regulations governing medical research. When does protecting study participants take precedence, and when do critical research needs supersede those of participants?

Cartoon depicting an outdated mandate requiring a typewriter in order to file for divorce

Episode 25: Legal Labyrinths Reveal Divorce Filing Woes

Why is it so hard logistically to file for divorce when legally some cases are quite simple and uncomplicated? This second divorce study episode of Proof Over Precedent dives into the data behind the hassle factors and shares the surprising results of measuring the pro se accessibility of a court system. Maybe the answer isn’t more lawyers.

Cartoon depicting an outdated mandate requiring a typewriter in order to file for divorce

Episode 24: Till Death—or an Affordable Divorce—Do Us Part

When it comes to obtaining a divorce, pro se litigants face significant obstacles, stemming primarily from financial challenges. Without a lawyer, many are ill equipped to undertake the complex paperwork, waiting periods, and logistical hurdles that come with filing for divorce. This first of two divorce study episodes of Proof Over Precedent introduces the randomized controlled trial the A2J Lab undertook to determine how effective pro bono matching services are in providing access to justice for low-income individuals. 

Cartoon depicting a judge deferring to a mental health professional.

Episode 23: Innovative Approaches to Mental Health Hearings

Rogers hearings allow Massachusetts judges to approve treatment plans for involuntarily committed individuals, but the process is criticized for its inefficiency and 99% approval rate. What if procedural reforms could improve outcomes? Replacing district court judges with administrative law judges to oversee hearings and substituting public defenders with mental health professionals as patient advocates could improve outcomes for both the involuntarily committed individuals and the courts—reducing delays, improving patient outcomes, and better utilizing court resources. All we need is an RCT.

Cartoon depicting legal delays for involuntarily committed psychiatric patients with schizophrenia seeking treatment in Massachusetts

Episode 22: Exploring Involuntary Commitment and Legal Reforms

In this “Student Voices” episode of Proof Over Precedent, HLS student Aarushi Solanki discusses involuntary commitment laws for psychiatric patients in Massachusetts, where the process of holding separate commitment and treatment hearings winds up denying patients access to timely treatment.

Cartoon depicting a defendant getting lower bail because of the presence of a lawyer

Episode 21: What is the Impact of Legal Counsel at First Hearings?

Can the presence of legal counsel at a criminal justice defendant’s first court hearing transform their journey through the justice system? Two Texas counties examined this possibility in a now-completed A2J Lab study. Project researchers discuss the results in this Proof Over Precedent episode.

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