9 chapters across the catalog
Senator Josh Hawley questioned Jackson on her sentencing of an 18-year-old offender, highlighting her comments regarding the "collateral consequences" of convictions. The hosts predict that Jackson will be branded as the "pedophile judge" in future political memes, similar to how Clarence Thomas and Brett Kavanaugh were labeled during their respective confirmations. They credit the Republican strategy for successfully creating "clippable nuggets" for the midterms.
The hosts analyze Jackson's defense of her sentencing record, specifically her response to Josh Hawley regarding whether an 18-year-old and an 8-year-old are "peers." They argue that her failure to definitively extinguish the "peers" argument in the moment allowed for damaging political optics. They emphasize that in the court of public opinion, nuanced legal explanations are often lost to simple, provocative soundbites.
The discussion turns to Congresswoman Maxine Waters' comments urging protesters to get "more confrontational." Mo and Adam suggest these statements were intentionally incendiary to provide grounds for a future appeal, ensuring the story remains in the news cycle through the midterms. Mo compares the current climate to his experiences with the Rodney King trial, predicting a cycle of appeals and further unrest.
The hosts review a paper by Michael Coyle regarding the disparate impact of cocaine sentencing. Data from the U.S. Sentencing Commission shows that 66% of federal crack defendants were street-level dealers, while importers made up only 0.5%. The average sentence for crack was 65 months compared to 14 months for powder cocaine, even for quantities under 25 grams.
In 2010, President Barack Obama signed the Fair Sentencing Act to reduce the disparity between crack and powder cocaine sentences. However, the hosts point out that the law only reduced the ratio from 100-to-1 to 18-to-1, rather than eliminating it. They criticize the Congressional Black Caucus and the Obama administration for failing to achieve a 1-to-1 ratio despite having a Democratic majority.
The 1994 Crime Bill is analyzed for its "truth in sentencing" provisions, which provided billions in federal subsidies for states to build more prisons. The hosts discuss how this created a financial incentive for mass incarceration and the deployment of 100,000 new, militarized police officers. The impact of "stop and frisk" and the use of armored vehicles in residential raids are highlighted as consequences of these policies.
Benjamin Crump discusses the potential for Guyger to receive up to 99 years in prison, mentioning that while the death penalty is a possibility in Texas, it is unlikely in this case. Adam Curry expresses his view on capital punishment, suggesting that if the state is going to execute people, it should be televised for transparency. The hosts prepare for the reveal of the actual sentence.
The jury sentences Amber Guyger to 10 years in prison, a decision that sparks immediate rage among protesters who expected a much harsher penalty. Adam Curry admits that as a father, he would find 10 years insufficient if it were his son, but notes that the balanced jury reached this conclusion after hearing all evidence. Botham Jean's mother speaks out against corruption in the Dallas legal process.
The discussion centers on the 100-to-1 sentencing ratio established in 1986, where one gram of crack was legally equivalent to 100 grams of powder cocaine. Mo points out the irony that crack contains less actual cocaine than the powder version. They credit Barack Obama for the 2010 Fair Sentencing Act, which reduced the disparity to 18-to-1, though they argue the underlying "scam" remains.
