We have a verdict . . .
News & Politics
About
Hon. Kevin Randolph (ret.), who as an attorney practiced death penalty defense, offers insightful discussion on the criminal law, criminal procedure, criminal trials and the United States Constitution.
Episodes
- Why have I been arrested for exercising my constitutional right?
This episode of 'We Have a Verdict' discusses the legal distinction between an angry prosecution and a vindictive prosecution, prompted by an arrest related to exercising constitutional rights.
- Why did the government single me out? Vindictive prosecution.
This episode discusses vindictive prosecution, exploring the consequences of government actions against individuals exercising their legal rights.
- Why is the Government picking on me? The Vindictive Prosecution.
This episode discusses vindictive prosecutions, explaining that they violate the Fifth Amendment due process clause of the United States Constitution.
- What you tell me is between you and me . . .
This episode discusses the rules around client confidences, explaining that they are only disclosed in specific, limited situations. The podcast is titled 'We have a verdict . . .'.
- When one lawyer's clients turn on each other . . .
This episode discusses the ethical considerations for lawyers when multiple clients with opposing interests in the same case wish to retain their services.
- What if my client intends to lie while testifying?
This episode of 'We Have a Verdict' explores the ethical challenges faced by a lawyer when their client plans to commit perjury on the stand.
- Legal counsel or criminal advice?
This episode of 'We have a verdict . . .' discusses a situation where it is unclear if a lawyer is offering legal counsel or advising a client to continue criminal conduct.
- How does a judge determine a sentence?
This episode discusses the factors a judge may consider when determining a sentence.
- "The judge won't admit that evidence." The judicial pretrial on a motion to suppress.
This episode depicts a fictional judicial pretrial hearing concerning a motion to suppress evidence. The discussion takes place in the judge's chambers and focuses on the strength of the prosecution's case.
- "Your case is weak, Mr. Prosecutor." The pretrial conference in a serious felony case.
This episode covers a pretrial conference in a serious felony case, focusing on discussions about DNA evidence and suppression.
- Direct Examination: Tag all the bases.
This episode of We have a verdict . . . discusses direct examination, which is the method used to prove every element of an offense beyond a reasonable doubt.
- The Hearsay Rule, pt. 3
This episode of We have a verdict . . ., titled The Hearsay Rule, pt. 3, explains the concept of hearsay, its exceptions, and what does not fall under the definition of hearsay.
- The Hearsay Rule, pt. 2.
This episode, "The Hearsay Rule, pt. 2.," from the show "We have a verdict . . .," discusses the many exceptions to the hearsay rule, which would otherwise make certain evidence inadmissible.
- The Hearsay Rule
This episode discusses the hearsay rule, explaining its fundamental importance for both trial attorneys and trial judges.
- The Entrapment defense: The police made me do it.
This episode discusses the entrapment defense, questioning whether the government can induce individuals to commit crimes and subsequently prosecute them. It examines the legal boundaries of law enforcement's role in crime.
- Disclosing the identity of an informant
The episode 'Disclosing the identity of an informant' from the show 'We have a verdict .' discusses when the government is legally obligated to reveal the identity of an informant.
- The jailhouse informant
This episode discusses the role of jailhouse informants and the legal rights to remain silent and have legal counsel.
- "My lawyer messed me up." What is ineffective assistance of counsel?
The episode "My lawyer messed me up." from the show "We have a verdict . . ." defines ineffective assistance of counsel. It explains the criteria for determining when a lawyer's actions or omissions fall below the required standard of comp…
- "They tricked me." Miranda and the police interrogation
This episode of "We have a verdict . . ." presents a scenario where a listener must decide if Miranda warnings were issued and if they were adequate. The episode title is "They tricked me." Miranda and the police interrogation.
- " I want a trial right now." Speedy trials and the Sixth Amendment.
This episode discusses the Sixth Amendment's guarantee of a speedy trial, explaining that it doesn't mandate an immediate trial and that specific laws and rules govern speedy trials in each state.
- Should I choose a jury, or just let a judge by herself try the case? The Sixth Amendment.
This episode discusses the concept of an impartial jury, referencing the Sixth Amendment. It explores the choice between a jury trial and a bench trial.
- The two schools of cross examination
This episode of We Have a Verdict discusses two main types of cross-examination: 'open ended' and 'leading question' approaches.
- What's the big deal about Miranda warnings?
This episode discusses Miranda warnings, covering their significance and how they relate to the suppression of statements.
- More than storytelling.
This episode discusses how the most compelling trial story isn't always the one that wins. It explores the dynamics of storytelling in a legal context.
- What is due process?
This episode explains that the fundamental principle of due process consists of notice and the opportunity to be heard.
- "Do you know what you're doing"? What questions does a judge ask a defendant who decides to plead guilty?
This episode discusses the questions a judge asks a defendant who pleads guilty. These questions serve to create a record of the defendant's waiver of constitutional rights.
- Shouldn't they have a warrant? The good faith exception.
The good faith exception to the warrant requirement is discussed, highlighting that it requires corroboration of a confidential informant's information and does not encourage warrantless searches.
- The 4th Amendment and your cell phone.
Cell phones collect extensive personal data, necessitating robust 4th Amendment protections against unreasonable searches of this information. This episode explores the intersection of cell phone data and 4th Amendment rights.
- What is it like to try a death penalty case?
This episode discusses the process of preparing and trying a death penalty case, covering both the guilt phase and the penalty phase of the trial.
- Under what kind of political pressure are judges?
This episode of 'We have a verdict . . .' explores the political pressures judges face.
- How can you represent someone who is guilty? pt. 3
This episode explores the process of legal representation and explains that most legal cases are resolved through negotiation. This is the third part of a series discussing the representation of guilty clients.
- How can you represent someone who is guilty, pt. 2
Part 2 of an episode discussing the representation of guilty clients. The description notes that most cases are resolved through negotiation.
- How can you represent someone who is guilty?
This episode discusses the role of criminal defense attorneys in the United States, focusing on the complexities of representing clients who have been found guilty.
- The Fourth Amendment and your home.
This episode discusses exceptions to the warrant requirement for entering a home, as protected by the Fourth Amendment.
- What is probable cause?
The episode discusses probable cause, which is mandated by the 4th Amendment of the US Constitution for executing searches and seizures.