Imhoff and Associate’s Shannon Dorvall, general counsel and Shannon Leis, managing attorney, introduce us to Imhoff and Associates through their experiences with the firm as well as their appreciation for it’s commitments to justice.

What you will hear

• Introduction
• Second chair
• Ethos and its application

Quotes

“Human connection is one of the reasons why our firm  is amazing”

Mentioned

Imhoff and Associates

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Shannon Dorvall, counsel for defense  at Imhoff & Associates and Shannon Leis, managing attorney of Imhoff and Associates take a deep dive into the pros and cons of AI technology in the criminal justice system.

What you will hear

• AI and how it can help criminal defense lawyers
• AI challenges and considerations
• Access to justice
• AI gone wrong sample case
• Ethical concerns and predictive AI
• Types of AI and AI learning
• Jury selection
• Photographic use of AI and Daubert

Quotes

“AI tends to make racially biased decisions.”

“A lawyer should be aware of changes in the law in its practice, including any benefits or risks associated with relevant technology.”

“AI is not perfect. It is based on human intelligence and you know humans are nothing if not flawed.”

Mentioned

Imhoff and Associates

Daubert standard

Mata vs. Avianca

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Shannon Leis is the managing attorney of Imhoff and Associates and your host for today’s show. In this episode we are discussing Miranda warnings. We'll discuss the origination, substance, subsequent decisions, and the future of Miranda.

What you will hear

• Miranda Warnings history and definition
• When the warning must be provided
• Interrogation and evidence of guilt
• The Public Safety Exception
• The Jailhouse Informant Exception
• Violating a right v violating a rule protecting a right
• The future of Miranda warnings
• Alito, Clarence Thomas and stripping protections for the rights and remedies of the 4th, 5th and 6th amendments

Quotes

“Miranda was one of several groundbreaking decisions aimed at protecting the right to the accused handed down by the Warren Court that fundamentally changed criminal procedure.” 

“A traffic stop is not considered custody. Police are not required to provide Miranda warnings for an investigative stop and although these warnings are not required, that does not mean anything you say can't be used against you, because it certainly will. So be mindful of your mouth when the officer is asking questions, assume everything you do and say is being recorded and will be used against you.”

“While Miranda remains settled law, the effect of these subsequent decisions prevents Miranda from protecting people from police abuse, especially members of marginalized communities as it was intended to.”

“If you're interrogated in custody without Miranda warnings and make a statement, then testify at trial and give contradictory testimony, the prosecutor can use your statement to impeach the testimony in court.

“It is now irrelevant whether a suspect was cognitively or mentally impaired at the time, they waived their rights as long as police coercion is not involved.”

“To exercise your right to remain silent, you are required to speak…..So you need to invoke your right to remain silent in order to prevent your silence from being used against you.”

“No one should ever speak to law enforcement without a lawyer. They are not there to help you despite what they might claim. They can lie to you. They can trick you. Do not speak to law enforcement without a lawyer.” 

“False confessions of people proven factually innocent by DNA account for 29% of wrongful convictions.”

“Miranda is important and necessary. It should be built upon and strengthened, not weakened.”

Mentioned

Arizona v Miranda 1966

Warren Court

Gideon v Wainwright

Harry v New York 1971

Rhode Island v Innis 1980

New York v Quarles 1984

Illinois v Perkins 1990

Marilyn v Shatzer 2010

Berghuis v Thompkins 2010

Salinas v Texas 2013

Vega v Tico 2022

Dickerson v United States

Map v Ohio

Imhoff and Associates

California Penal Code 4.22

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