Before the government can take away your life, liberty, or property, it must first give you due process: fair and meaningful procedure. On this episode, we trace the history of due process from 1215 to today. And we head to Harris County, Texas, which operates the the third-largest jail in the country, to see why federal courts say its system of money bail violated that ancient guarantee.
[Click here for Episode 1.]
Click for transcript. Available on iTunes, Spotify, Google Podcasts, TuneIn, and Stitcher.
Guests
Anthony Sanders, Institute for Justice
Dana Berliner, Institute for Justice
Diana Simpson, Institute for Justice
Alec Karakatsanis, Civil Rights Corps
Megan Stevenson, Antonin Scalia Law School – George Mason University
Resources
Procedural Due Process: The Original Understanding, by Edward J. Eberle
Due Process as Separation of Powers, by Nathan S. Chapman & Michael W. McConnell
Civil Due Process, Criminal Due Process, by Niki Kuckes
Only 2% of federal criminal defendants go to trial, and most who do are found guilty, by John Gramlich
The Downstream Consequences of Misdemeanor Pretrial Detention, by Paul Heaton, Sandra Mayson & Megan Stevenson
Distortion of Justice: How the Inability to Pay Bail Affects Case Outcomes, by Megan Stevenson
Harris County bail case page, Civil Rights Corps
Recent Episodes
Trust But Verify | Season 3, Ep. 12
In 1973, federal narcotics agents raided a pair of homes in Collinsville, Illinois by mistake. They didn’t find any drugs, but they did terrorize two […]
Listen NowEverything You Eat, Drink, and Wear | Season 3, Ep. 11
Government officials must obtain a warrant before forcibly entering a home (absent consent or an emergency). That rule goes back to the Founding. But in […]
Listen NowSpecial Weapons and Tactics | Season 3, Ep. 10
In 2020, a police SWAT team blew up Vicki Baker’s house after a fugitive barricaded himself inside. On this episode, we ask: who pays the […]
Listen NowPunishment Without Crime | Season 3, Ep. 9
Civil forfeiture is a civil rights nightmare, allowing police and prosecutors to seize billions of dollars’ worth of property annually—cash, cars, houses, bank accounts, and […]
Listen Now