Justice in America, hosted by Josie Duffy Rice and Clint Smith, is a podcast for everyone interested in criminal justice reform— from those new to the system to experts who want to know more. Each episode we cover a new criminal justice issue. We explain how it works and look at its impact on people, particularly poor people and people of color. We’ll also interview activists, practitioners, experts, journalists, organizers, and others, to learn. By the end of the episode, you’ll walk away with a better understanding of what drives mass incarceration and what can fix it.
Restorative Justice and the Open Prison Model: Featuring David Shipley (A Co-Production by The Appeal and The Wall: Behind and Beyond)
Since you last heard from us at Justice in America, we’re excited to share that The Appeal became a worker-led nonprofit newsroom. We are continuing to expose the harms of the criminal legal system and elevate solutions that keep all people safe. While Justice in America remains on hiatus for now, we are thrilled to share our first podcast episode since our relaunch: a co-produced episode of "The Wall: Behind and Beyond," hosted by Phillip A. Jones, who has spent more than 30 years in prison in Maryland and Washington. In this episode, Phillip interviews David Shipley about his experiences in a British "open prison," where there are no guards, no bars, and prisoners are free to leave during the day to work or study in the community. As David says, "It's the most free you can be while still being in prison." Phillip and David discuss the promises and limitations of this model, as well as the challenges in implementing a similar model in the United States. Please note: The this audio was recorded by Philip while in his cell as the Washington Department of Corrections does not provide prisoners with access to high-quality studios. To support our work, please consider making a tax-deductible donation to The Appeal today or subscribe to our weekly newsletter. You can also follow Phillip (@PhillipAJones71) and David (@ShipleyWrites) on Twitter and subscribe to The Wall: Behind and Beyond podcast to hear more of their work.
6/7/2023 • 46 minutes, 28 seconds
Episode 10: A Conversation with Ta-Nehisi Coates
For our last episode of the season, we are thrilled to have Ta-Nehisi Coates—an author and journalist who has published some of the most important and incisive work of our time, from A Case for Reparations to Between the World and Me. In 2015, Ta-Nehisi published a piece entitled Mass Incarceration and the Black Family, which looked at the history of mass incarceration and the ways it continues to devastate black communities. We talk to him about race, mass incarceration, his list of suggested reading, and the responsibility of black leaders to address systemic injustice. We’ll be back this winter with more episodes. In the meantime, keep up with us on Twitter and Facebook. If you have any questions, you can always email us at [email protected] Thank you for all your incredible support during season 1. Talk to you in a few months for season 2! For more information and resources please visit theappeal.org
9/26/2018 • 1 hour, 3 minutes, 43 seconds
Episode 9: How Democrats and Republicans Created Mass Incarceration
There are a few schools of thought regarding the origins of mass incarceration. Some blame Reagan and his” war on drugs,” while others blame Bill Clinton’s 1994 Crime Bill. Meanwhile, movies like Ava Duvernay’s 13th have drawn the direct parallels between slavery, Jim Crow, and our racist incarceration system. Each of these theories is correct, at least in part. Yes, it is undoubtedly true that mass incarceration cannot be divorced from prior systems of racial subjugation in America. And yes, Reagan and Clinton helped to perpetuate mass incarceration. But in her book From the War on Poverty to the War on Crime, our guest Elizabeth Hinton, a professor of History and African American studies at Harvard, argues that the modern roots of mass incarceration can be traced even further back, to president Lyndon B. Johnson. Johnson, a Democrat, is famous for helping usher in key Civil Rights victories, from the Voting Rights Act to the Civil Rights Act. And he spent much of his tenure fighting for low-income Americans, implementing a series of domestic policies that he called the War on Poverty. But he also pushed for harsher punishments and a larger law enforcement presence, particularly in communities of color. Under Johnson, the federal government started pouring tons of money into local law enforcement, which gave them the tools they needed to lock up millions of people. On this episode, we discuss how both parties helped perpetuate mass incarceration in the years immediately following the Civil Rights movement. We also discuss why it is that, during the 70s and 80s, black elected officials were some of the most ardent supporters of mass incarceration. Professor Hinton joins us to talk about how both Democrats and Republicans are responsible for the mass incarceration system we have today. For more information and resources please visit theappeal.org
9/19/2018 • 48 minutes, 50 seconds
Episode 8: Crimmigration
Historically immigration law and criminal law have functioned separately. But over the past few decades, we’ve seen them slowly merge, as the criminalization of immigrants increased. Now, under Trump, that criminalization is worse than ever, and is resulting in policies like family separation. On this episode, we talk to Alida Garcia, an attorney and Vice President of Advocacy at FWD.us, about America’s shameful trend of criminalizing immigrants. For more information and resources please visit theappeal.org
9/12/2018 • 54 minutes, 35 seconds
Episode 7: The New American Prosecutor
Over the past few years there’s been a growing movement, led by groups like Color of Change and National People’s Action, whose goal is to elect progressive prosecutors. From Philly to Chicago, Houston to Orlando, St. Louis to Denver, we’ve seen prosecutors concerned with justice and civil liberties beat those focused only on convictions and sentences. But what does it really mean to be a progressive prosecutor? And what comes next for the movement? On this episode, Josie and Clint look at how this movement got started and talk to Rashad Robinson, the Executive Director of Color of Change. For more information, links to resources, please visit theappeal.org
9/5/2018 • 49 minutes, 41 seconds
Episode 6 - The Victims of Mass Incarceration
Often, when people talk about the criminal justice system, they talk in big numbers— the millions of people serving time, the billions of dollars mass incarceration costs each year, the hundreds of thousands in jail at any given moment. But talking in big numbers sometimes obscures the fact that we’re discussing real people on this show—human beings, not statistics. On this episode, we discuss who these people really are and how this system affects not only their lives but the lives of their friends and family, particularly their partners and children. In particular, we explore look at how mass incarceration hurts women with loved ones involved in the system. Our guest this episode is Gina Clayton, the Executive Director of Essie Justice Group, who joins us to discuss the phenomenal organization she has built focused on women with incarcerated loved ones. For more information please visit theappeal.org.
8/29/2018 • 1 hour, 5 minutes, 25 seconds
Episode 5: Excluded from Democracy
For an estimated 6.1 million Americans with felony convictions, their punishment extends all the way to the ballot box. In 48 states, people with felony convictions are barred from voting, either temporarily or permanently. And twelve states, including Alabama, Arizona, Delaware, Florida, Iowa, Kentucky, Louisiana, Mississippi, Nevada, Tennessee, Virginia, and Wyoming, restrict at least some people’s voting rights—even after they have served their whole sentence, including supervised release. This episode we go into the history of what is commonly known as felon disenfranchisement. We look at the racist history of disenfranchisement laws and talk about where the laws remain especially restrictive. We also learn more about Desmond Meade, a community leader in Florida, and his fight to win a high-stakes ballot referendum in the state this November. And we talk to Norris Henderson, the Executive Director of Voices of the Experienced, or VOTE, in New Orleans. Norris is a formerly-incarcerated community leader and advocate, who played a big part in a recent effort to re-enfranchise people in Louisiana. We’ll talk to him about his experience, the uphill battle in Louisiana, and their exciting victory. For more information, please visit theappeal.org.
8/22/2018 • 59 minutes, 58 seconds
Episode 4: A conversation with John Legend
John Legend isn’t just one of the most talented musicians of our time—he’s also a leading activist on criminal justice reform. On this episode, Justice in America talks to Legend, singer, songwriter, actor, producer, founder of #FREEAMERICA. #FREEAMERICA is a campaign designed to change the national conversation of our country's misguided criminal justice policies. John sat down with Josie in Los Angeles, where they talked about prosecutors, bail, immigration, and more. To learn more about #FREEAMERICA, check out their website. Earlier this week, John wrote a great op-ed for The Washington Post on the racist origins of Louisiana’s non-unanimous jury system. In June, he co-wrote this piece for CNN with Color of Change Executive Director Rashad Robinson on the need to end cash bail. Here’s another op-ed he wrote on police brutality in 2014, after the deaths of Mike Brown and Eric Garner And yet another piece by John on ending juvenile life without parole in his home state of Ohio.
8/15/2018 • 32 minutes, 34 seconds
Episode 3: Who Built Mass Incarceration? Prosecutors
Who has had the biggest impact on the growth of our incarceration system? It’s not the judge, the jury, or the legislator. It’s not the police, and it's certainly not the President. It’s someone else—the prosecutor. Prosecutors are getting more attention now than ever, but many people still don’t know what they do. Prosecutors don’t just play an important role at trial. It is prosecutors who recommend what bail a judge should set, prosecutors who decide whether a person should face criminal charges and what those charges should be, and prosecutors who control the plea deal process. Perhaps more than anyone else, prosecutors are responsible for our mass incarceration epidemic. On this episode, we’ll explore the impact prosecutors have and take a look at how they wield their immense power. We’ll talk about the problems with prosecutors, and their excessive power, negative incentives, and almost total lack accountability. We’ll also talk to John Pfaff, a lawyer, economist, and prosecutor expert, whose book, Locked In, examines the power of prosecutors. Want to know more? Check out theappeal.org
8/8/2018 • 50 minutes, 37 seconds
Episode 2: The 94% - Plea deals
TV courtroom dramas would have you believe that the trial is a major part of the criminal justice process. But most defendants don’t go to trial. Instead, most defendants decide to plead guilty—even when they are innocent. What is a plea deal, exactly, and how does it function? Who negotiates a plea deal and who approves it? What are the benefits to the state? What are the benefits for defendants? And more importantly, how do plea deals reduce protections for individuals ensnared in the criminal justice system? On this episode, we’ll answer all these questions and more. We’ll also be talking to Professor Alexandra Natapoff, a law professor at University of California, Irvine, and one of the foremost experts on plea bargaining in America. For more on plea bargaining, check out our website at https://theappeal.org/topics/podcasts/
8/1/2018 • 1 hour, 51 seconds
Episode 1: Justice for the Rich, Money Bail
States and cities across the nation are talking about reforming the money bail system. But what does that mean? What exactly is bail? Who does it harm and who does it benefit? And does bail reform really work? On our first episode, we’re learning all we can about the bail system.