Maxwell's Silver Hammer (PART II): Transfer to Minimum Camp & Sentencing Post Mortem
Set For Sentencing
In Part II of our deep dive into the Ghislaine Maxwell case, we begin with BOP Prison consultant, Walter Pavlo of prisonology.com to talk about her transfer to a minimum security camp. Then, we resume with Mark Allenbaugh of sentencingstats.com for one of our famous "sentencing post-mortems" to see what we can learn from Maxwell's sentencing proceeding. IN THIS EPISODE: Maxwell's unprecedented transfer to a minimum camp; Cheers for the government for understanding the power of narrative lies in the specifics; Cheers to the defense for creating a theme (Epstein’s...
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Maxwell's Silver Hammer: Part I
Set For Sentencing
The saga of Jeffrey Epstein is ongoing and ever-present in the news. And there are powerful lessons to be learned. But the talking heads are mostly just spinning their wheels. So, if you're seeking some straight talk and inside scoop about all of it, you've come to the right place. This is a 2-part episode, as there is much ground to cover. The title, of course, is an homage to the great Beatles song. But in truth, Ms. Maxwell does indeed wield a hammer. The Trump folks want to use it to do damage control and she's looking to dig a tunnel out of...
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Holding Court with Judge Nancy Gertner!
Set For Sentencing
An independent judiciary is the cornerstone of a healthy democracy. But judges are under attack. Therefore, we must stand the post and protect judges from intimidation, unlawful prosecution, incredulous calls to impeach, or worse. And, when it comes to federal criminal sentencing, judicial independence is also crucial to the fair administration of justice. But judicial independence has been undermined for decades by adherence to the stringent, dehumanizing, US sentencing guidelines. Since 2005, these guidelines have been discretionary, yet many judges and lawyers continue to...
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For My Enemies, the Law: The Return of Kilmar Abrego-Garcia
Set For Sentencing
The Trump administration stated that Kilmar Abrego-Garcia would never return to US soil. But they just back-tracked and brought him back. Unfortunately he now faces federal prosecution under a new indictment for conspiracy and alien smuggling. The bigger problem is the govt. has gone to great lengths to wage an extra-judicial smear campaign against him, with a variety of other horrendous allegations. It remains to be seen whether this indictment represents a genuine pursuit of justice or is influenced by political motives. IN THIS EPISODE: The many red flags in the Indictment and...
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Due Process Denied (PART II): Kilmar Abrego-Garcia and the "Great Replacement"
Set For Sentencing
In understanding the current administration's draconian deportation policies, nothing makes sense except in the light of white supremacy. The underlying animating force of these policies, openly stated by Tom Homan during a white house press conference, is "the great replacement theory". Propagated by white nationalist, white supremacist fascists, operating in and out of government, it's a lie that has resulted in depraved acts of racist and antisemitic violence (See Southern Poverty Law Center link below). Sadly, the DHS, ICE, and other federal agencies have become...
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Due Process Denied: Kilmar Abrego-Garcia (PART ONE)
Set For Sentencing
America might have moved on from Kilmar Abrego-Garcia, but we have not. So, ask yourself: What happens when the U.S. government indefinitely sentences someone to a foreign prison without any due process and no one stops them? In this episode (part 1 of 2), I appear on Justin Yentes's podcast "Truth Be Found" to discuss the implications of this case. Justin is an amazing criminal investigator, whom I've worked with in the past, especially on capital matters. We were also joined by former gang member, now consultant, Angel Garcia, to pull back the curtain and talk about about...
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George Santos Sentencing Post-Mortem
Set For Sentencing
On Friday, April 25, George Santos learned his fate, at his fraud sentencing in federal court. He had two years since his indictment to walk the walk, demonstrate extreme remorse and acceptance, and take meaningful steps to address the problems that got him here and convince a judge he wouldn’t make the same mistakes again. But the government painted him as an unrepentant fraudster who was bound to reoffend, and the judge agreed, giving him a sentence at the very high-end of the guidelines. Therefore, Mark Allenbaugh and I went live on YouTube to conduct one of our world-famous “sentencing...
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Seismic Shift: Big Changes to the Sentencing Guidelines & the Country
Set For Sentencing
Although we often complain about the sentencing guidelines, this week, I find myself thankful that we still live in a country that has courts and due process, in the federal criminal courts. At least for now. So today, we celebrate the death of guideline departures, lament the death of due process in immigration, and worry for the future of this democracy. That's why we start off talking about the plight of Kilmar Garcia-Abrego, a person lawfully in this country who was abducted by brownshirt immigration thugs and stolen away in the night to a concentration camp in El...
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Reign of Terror: Tesla, Luigi Mangione, & Beyond
Set For Sentencing
I'm back. I've been in hibernation for the last couple of months, basically paralyzed by what can only be described as a rapid descent into authoritarian hell. In his seminal work, "On Tyranny", Timothy Snyder warns: "Listen for dangerous words. Be alert to the use of the words extremism and terrorism. Be alive to the fatal notions of emergency and exception. Be angry about the treacherous use of patriotic vocabulary." So, today's podcast is brought to you by the letter "T" for "terrorism". The government is going to great lengths to brand anyone who dares question the...
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Anchor's Aweigh: New Policies and New Proposed Guidelines Find Us Unmoored in 2025
Set For Sentencing
I call this episode “Anchor’s Aweigh” for two reasons. First, there is a potential seismic shift in federal sentencing coming, which would go far to eliminate what we call the dreaded “anchoring effect” of the draconian and deeply dysfunctional sentencing guidelines. If this passes, it will likely be the biggest change in guideline sentencing since Booker was decided twenty years ago. The other reason for the title is because the achor’s up on the new ship of state, and anyone paying attention should feel deeply unmoored. The vessel is powering through...
info_outlinePsychodrama has been used by trial lawyers for decades. But it hasn't been effectively deployed for use at SENTENCING.... until now.
While psychodrama action therapy requires a trained professional to implement, there good news is there are psychodrama-adjacent techniques that can help any lawyer dig for, develop, and deliver a powerful and persuasive sentencing presentation!
In this episode, Patrick Barone, a 30+ year criminal defense attorney and certified trainer, educator and practitioner of psychodrama introduces us to two such "psychodramatic action techniques" - the social atom and psychodramatic letter-writing.
This is a TWO-PART EPISODE!. The timing of its release was deliberate, as Barone and Passon just co-authored an article for "The Champion", the premiere criminal defense publication of the National Association of Criminal Defense Lawyers (NACDL). The issue will soon be in NACDL member's mailboxes. For those without a subscription, we will soon make the article available (for free) for download at www.setforsentencing.com/psychosentencing1.
Lastly, if anyone is interested in registering for our first CLE in Michigan, in October, here's the link and don't forget the podcast discount code : S4S10
IN THIS EPISODE: -
- A brief overview of psychodrama
- 30:00: The Social Atom
DOWNLOADS: FOR THE FOLLOWING DOWNLOADS, PLEASE VISIT THE SHOWNOTES AT THE SET FOR SENTENCING WEBSITE: www.setforsentencing.com/psychosentencing SOCIAL ATOM INSTRUCTIONS AND SAMPLE & NACDL CHAMPION ARTICLE: The Story of a Life: Uncovering Deep Levels of Sentence Mitigation Using Psychodramatic Action Techniques by Patrick T. Barone and Doug Passon:
OTHER LINKS: Original Psychodrama Podcast (Psychodrama 101) With Patrick Barone: https://setforsentencing.com/podcast/sentencing-psychodrama/ Barone Defense Website: https://www.baronedefensefirm.com/patrick-t-barone.html Michigan Psychodrama Center (Patrick Barone and Dr. Elizabeth Corby): https://www.michiganpsychodramacenter.com/