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 depicts individual begging for cash bail to a robot judge who is refusing it

Episode 37: Navigating Pretrial Risk Assessments and Cash Bail Reform

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Is ending cash bail a path to a fairer justice system? California attempted this route in 2018 with its SB10, which would have ended cash bail statewide and replaced it with pretrial risk assessment. The effort could potentially have avoided a two-tiered, wealth-based system, but it fell short with voters. This “Student Voices” episode of Proof Over Precedent dives into the debate over cash bail, what went wrong with the SB 10 campaign, and lessons for future bail reform efforts.

Cartoon depicts individual not being invited to an expungement party

Episode 36: Record Clearing Insights: How Data Can Impact Policy

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This episode of Proof Over Precedent looks at predictive modeling research that could be used alongside policy research to answer the question, “What can we do to increase the number of criminal records cleared?” Researchers examined existing data on automatic record sealing in Pennsylvania and petition-based expungements in Kansas and adjusted criteria that could contribute to more effective record clearing. In the process, they made surprising discoveries on the state and future of criminal record clearances.

Cartoon depicting an individual seeking information on an arresting officer's badge number for a former offense, with the police captain noting that the officer no longer works there

Episode 35: Legal Hurdles in Expungement: A Kansas Case Study

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In this episode of Proof Over Precedent, the criminal record clearing process gets a close-up examination. Researchers and a former field partner at Kansas Legal Services discuss an expungement study in Kansas that reveals the numerous, and sometimes prohibitive and illogical, steps it takes for an individual to clear a record – a task made exponentially more difficult and less likely to succeed without the aid of legal representation.

Cartoon depicting an individual throwing out a criminal record while heading into a Michigan job interview

Episode 34: Studying the Expungement Paradox

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Expungement appears to have all the signs of promising policy including better job and housing outcomes for individuals whose criminal records have been cleared; low recidivism rates; and subsequently better societal outcomes. Where it falls short, researchers in a Michigan study found, is with accessibility and uptake. This episode of “Proof Over Precedent” looks at the findings and dives into the challenges of studying expungement and the areas where the record-clearing process could be improved.

Cartoon depicting a soccer referee adding barbed wire to a prisoner's goal post, showing different regulations applied to prisoners

Episode 33: Are Federal Regulations Protecting Prisoners or Paralyzing Research?

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This episode of “Proof Over Precedent” brings together IRB Director Shannon Sewards and A2J Lab Faculty Director and podcast host Jim Greiner to talk about the complexity of ethical research involving incarcerated individuals and the balance between maintaining those ethical standards and advancing social and behavioral research. The discussion also delves into the differences between protections for biomedical research and those for behavioral research.

Cartoon depicting an individual listening to music but bound to a ball and chain marked by a contract

Episode 32: Arbitration vs. Litigation — Who Benefits?

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When it comes to consumer protection, signing off on the fine print may equate to signing off certain legal rights and agreeing not to sue a company in court but rather to use arbitration. Does the process actually matter? Several studies find variances in consumer financial relief and win rates, along with potential incentives in mandatory arbitration that could discredit the integrity of the process. The latest “Proof Over Precedent” episode calls for new research to address the shortcomings of existing studies and to provide definitive findings on mandatory arbitration’s impact on consumers.

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

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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?

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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

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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

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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?

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