Beat The Prosecution

Jon Katz

Welcome to Beat The Prosecution with Fairfax, Virginia criminal defense / DUI lawyer Jonathan Katz. Jon Katz believes in spreading the word of justice on this podcast, in court, and on his blog at https://katzjustice.com/blog, to regularly provide information and ideas for beating your prosecution. More information is available at https://BeatTheProsection.com and at (703)-383-1100.

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Top 10 Beat The Prosecution Episodes

Goodpods has curated a list of the 10 best Beat The Prosecution episodes, ranked by the number of listens and likes each episode have garnered from our listeners. If you are listening to Beat The Prosecution for the first time, there's no better place to start than with one of these standout episodes. If you are a fan of the show, vote for your favorite Beat The Prosecution episode by adding your comments to the episode page.

Winning without negative reactivity- Deb Katz from the Conscious Leadership Group

Beat The Prosecution

09/19/24 • 59 min

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In 2015, Fairfax criminal lawyer Jon Katz finished court earlier than expected, and beelined to the Mindful Leadership conference in Crystal City, Virginia, in part to meet speaker Roshi Joan Halifax. Snagging a ticket to this soldout event, Jon met Roshi Joan, and also sat mesmerized by speaker Jim Dethmer's (co-founder of the Conscious Leadership Group) talk about conscious leadership, and about the difference between leading from above the line (where one is open, curious, and not attacking) versus from below the line. This conscious leadership approach is fully addressed in The 15 Commitments of Conscious Leadership, by Jim Dethmer, Diana Chapman, and Kaley Warner Klemp.
The challenges abound for criminal defense lawyers and their clients to get sidetracked by actually or apparently slinged mud, heartlessness, dehumanization efforts, underhandedness and prevarication from various quarters in the courthouse and beyond. Getting angry and misdirected is weakening. Smiling in the face of proverbial flying vomit and diarrhea -- when knowing the possibilities of sweet success that may be right around the corner -- is the powerful way to proceed.
Conscious Leadership's Deb Katz pulls no punches in addressing how she transitioned from years of proceeding as an unconscious leader to a conscious one. She talks about how it is possible to say f--k you from above the line, and how sweetness does not automatically put one above the line. Deb addresses how Conscious Leadership draws on numerous pre-existing approaches to leading in a beneficial way. She and Jon both benefit from the teachings and practices of Ho'oponopono, which is featured on a previous Beat The Prosecution podcast episode.
This conversation between Jon Katz and Deb Katz (same last name, but no close family connection) dives deep into transitioning into the conscious leadership approach.
The universal and Apple podcasts URL for this episode are at https://podcast.beattheprosecution.com/2293867/episodes/15777966
and https://podcasts.apple.com/us/podcast/beat-the-prosecution/id1721413675?i=1000669998168

This podcast with Fairfax, Virginia criminal / DUI lawyer Jon Katz is playable on all devices at podcast.BeatTheProsecution.com. For more information, visit https://BeatTheProsecution.com or contact us at [email protected], 703-383-1100 (calling), or 571-406-7268 (text). Hear our prior podcasts, at https://podcast.BeatTheProsecution.com/
If you like what you hear on our Beat the Prosecution podcast, please take a moment to post a review at our Apple podcasts page (with stars only, or else also with a comment) at https://podcasts.apple.com/us/podcast/beat-the-prosecution/id1721413675

Cross-exam wizard Larry Pozner- Winning with full preparation, focus, and compassion

Beat The Prosecution

07/08/24 • 43 min

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Cross examination master Larry Pozner https://www.pozneroncross.com for decades has been practicing law and teaching criminal defense and other lawyers how to effectively cross examine witnesses, without needing to be born with that ability. Fairfax, Virginia, criminal defense / DUI lawyer Jonathan Katz first met Larry at a National Association of Criminal Defense Lawyers conference in Philadelphia in 1991. Jon Katz was immediately drawn to Larry's excellence as a lawyer and teacher, and his selflessness in sharing what he knows. Larry travels all over the country and beyond teaching cross examination. He is a very disciplined and dedicated attorney for obtaining the best possible results for his clients.

Larry Pozner has been particularly devoted to the National Association of Criminal Defense Lawyers, and to the criminal defense lawyers who learn from him. Jon was blessed for Larry to have been among his two cross examination instructors at the 1994 Trial Practice Institute of the National Criminal Defense College in Georgia. Listen to this podcast episode for Jon's discussion with Larry about that experience and much more. Larry is one of many great NACDL members and other attorneys who welcomed Jon Katz into the fold of criminal defense and to the recognition that even solo practicing criminal defense attorneys never need to feel that they are alone.
Larry Pozner and friend Roger Dodd's Cross-Examination: Science and Techniques are essential for any trial lawyer.
https://store.lexisnexis.com/products/crossexamination-science-and-techniques-skuusSku6893 Learn more about Larry,,his upcoming programs and his training DVDs at https://www.pozneroncross.com

Persuading With Psychodrama and Storytelling- Trial Consultant Don Clarkson and Lawyer Christopher Flohr

Beat The Prosecution

04/23/24 • 54 min

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What do Soul Train, Jacob Moreno and trials have to do with each other? Two of my favorite people help with that answer. Join us for our first episode with guests outside our law firm as we talk with Maryland trial consultant and psychodramatist Don Clarkson and Severna Park, Maryland, Criminal Defense lawyer Christopher Flohr (https://bflawmd.com/team/christopher-flohr/). Jon Katz first met Don at the Trial Lawyers College in 1995. Chris attended the Trial Lawyers College four years later.

Winning by staying true to our principles- Harvey Silverglate & Robert Corn-Revere

Beat The Prosecution

11/19/24 • 66 min

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One of the two founders of the Foundation for Individual Rights in Education -- Harvey Silverglate -- figured the group might no last much past ten years beyond its 1999 founding. Instead, Silverglate, describes the group -- renamed Foundation for Individual Rights and Expression -- as having filled the gap that was left when the ACLU became more of a progressive organization and less of a free expression protector.
Fairfax criminal and DUI defense lawyer Jonathan Katz first met criminal defense and civil liberties lawyer Harvey Silverglate over twenty years ago through their mutual membership in the Naitonal Association of Criminal Defense Lawyers. He met First Amendment lawyer Robert Corn-Revere -- now FIRE's chief counsel -- through their mutual membership in the First Amendment Lawyers Association, of which Bob is a past president. Both Bob and Harvey are CATO Institute scholars.
Jon Katz has advised a conservative student referred by FIRE, in his campus disciplinary proceeding when his private university trampled on his right to videotape a campus speaker and university-paid public figure when no advance warning had been made against such recording activity. Jon was also referred by FIRE to advise a state university professor whose First Amendment rights were violated by being suspended from his job due to an uproar by numerous alumni and members of the public after he appeared as an unwitting hotseat guest of the O'Reilly Factor (on which show Jon has twice appeared, and also has appeared twice on the Radio Factor.) Worse, the federal government zeroed in on this professor, and dragged him through a six month trial (which Jon did not handle) that resulted in acquittal on numerous counts and a hung jury (10-2) on some additional counts.
What becomes readily apparent in this Beat the Prosecution episode is that staying true to our principles helps criminal defense and civil liberties lawyers win in court. Harvey tells of the jury nullification that delivered him acquittals of around 30 people prosecuted for trespassing in the carrying away from the office of a Harvard dean in his chair, in protest over the Vietnam war, with the prosecutor then declining to prosecute the approximately 70 additional defendants. Bob tells about winning in the Supreme Court against a prosecution under a statute criminalizing the filming of dogfighting and other animal cruelty ("crush films"). Visit here to donate to FIRE and

Developing peacefulness and compassion for winning in court and life - Jun Yasuda

Beat The Prosecution

08/13/24 • 57 min

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When Fairfax, Virginia criminal and DUI defense lawyer Jonathan Katz faces particularly challenging times in court, he often imagines that his peace teacher Jun Yasuda is to his right, his trial teacher Steve Rench is to his left, and his martial arts teacher is also right there. This Beat the Prosecution episode interviews Jon Katz's friend and peace mentor Jun Yasuda, who spearheaded making the Grafton, New York, Peace Pagoda a reality.https://www.graftonpeacepagoda.org (This peace pagoda is such an amazing place that Jon's friend's usually constantly overactive dog stood in quietness when first visiting the pagoda.)
Lama Surya Das has aptly pointed out that it is not enough to rage against violence if we do not also pursue peace within ourselves. Likewise, an effective criminal defense lawyer needs to find and develop internal peace so that anger, stress, and upset do not eat the lawyer alive; and so that the lawyer may think, see and hear clearly -- and show total compassion, teamwork and listening with their client -- on the road to pursuing the best defense.
Jun Yasuda is as tough as nails, having crisscrossed the nation on foot in even harsh climates, having fasted for peace and justice for days on end, and having set her own selfish interests aside for the greater good of humankind. She advocated for sanctuary in New York for American Indian Movement cofounder Dennis Banks when his sanctuary in California was cancelled. She dry fasted for a week for Mumia Abu-Jamal when he was still on death row. Jun-san's central prayer for peace -- drummed at a walking pace -- is Na Mu Myo Ho Ren Ge Kyo, which is the Odaimoku, the essence of the Lotus Sutra.
Jun-san briefly was in a lockup adjacent to Leonard Peltier's during the pendency of his trial where she went to support him. (Mr. Peltier's prosecutor ended up concluding that his prosecution and continued incarceration were and are unjust. https://www.amnestyusa.org/wp-content/uploads/2023/03/From-US-Attorney-James-Reynolds.pdf . His authoring appellate judge decades ago supported clemency for Peltier. https://www.whoisleonardpeltier.info/download/Heaney.pdf )
Jun-san recognizes the importance of restorative justice as an alternative to the overgrown criminal justice system that she points out disproportionately incarcerates minorities and often uses inmates for free and cheap labor.
Jun Yasuda is a monastic with the Nipponzan Myohoji Nichiren Buddhist order. More about this remarkable woman, her strikingly serene peace pagoda in Grafton, NY, and her order's peace work is at https://www.graftonpeacepagoda.org .

Defending activists who broadcast their actions- Mark Goldstone

Beat The Prosecution

09/13/24 • 63 min

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Criminal defense usually includes keeping the burden with the prosecution to attempt to prove their case beyond a reasonable doubt. That approach can be turned upside down with activists who broadcast their actions loudly and clearly. Fairfax criminal lawyer Jonathan Katz first faced that situation when teaming with Ramsey Clark to defend four Plowshares activists who hammered on warplanes outfitted to fire depleted uranium missiles. The four defendants' openness about their actions made winning the destruction of property count a challenge to win at their jury trial, while pretrial, Jon still convinced the trial judge to dismiss the sabotage and sabotage conspiracy counts.
Early in his criminal defense career, Jon Katz heard Gerald Lefcourt tell about how his client Abby Hoffman sought for Lefcourt to keep him out of jail so that he could pursue his activism. Jon wondered if he had missed the boat for defending activists until he was asked to defend the Plowshares. Ramsey Clark told Jon that the opportunities to defend activists are many, at least when doing so pro bono. When Jon asked about a lawyer(s) to turn to for suggestions for defending activists, Mark Goldstone's name immediately came up. Mark was delighted when he received a court appointment for an activist protesting in the Capitol against Ronald Reagan's policies in supporting anti-communist combatants in Nicaragua, and was even more delighted when the lawyers for the 130 other defendants withdrew their representation, leaving those defendants with Mark.
When Jon met Mark, Mark led the demonstrations committee of the local National Lawyers Guild, which Jon Katz first joined because of its work for criminal defendants and immigrants, and its stand for racial justice and gender equality, but left several years later when the group became too doctrinaire, and even issued a call to support Muntadhar al-Zaid -- who in 2008 threw his shoes at George W. Bush in Iraq -- and called to donate shoes for needy people, with not a peep against violence that was part of the shoe throwing.
Over the decades, Mark has become a go-to lawyer for political activists -- including supporting their First Amendment free expression rights -- and for judges seeking criminal defense lawyers for appointments for such defense. Mark is a devoted, principled and caring person and attorney. Jon has great respect for him.

Winning through powerful trial advocacy- Lisa Monet Wayne

Beat The Prosecution

10/08/24 • 57 min

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There are heroes, and then there are heroes. Lisa Monet Wayne is one of Fairfax criminal / Virginia DUI lawyer Jonathan Katz's greatest heroes. Lisa was one of Jon Katz's earliest great criminal defense teachers, encouraging attorneys not to shy away from taking even the toughest cases to trial. She was among Jon's teachers at the National Criminal Defense College's Trial Practice Institute.
Lisa is one in a line of great former Colorado Public Defender training directors. She is currently Executive Director of the National Association of Criminal Defense Lawyers (NACDL). This interview will be a battery recharge for all criminal defense lawyers.

Defending in criminal court by keeping one's eyes on the prize- Plowshares & Catholic Worker activist Mark Colville

Beat The Prosecution

11/13/24 • 65 min

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Fairfax criminal and DWI lawyer Jonathan Katz heard Abbie Hoffman's lawyer Gerald Lefcourt speak in 1991 about how Abbie had asked Gerry to keep Hoffman out of jail so that he could keep pursuing his agenda. At that moment, Jon wondered whether he had missed the boat on the days of defending activists. Nine years later, Jon teamed with Ramsey Clark to defend the Plowshares 4 at their 2000 criminal jury trial following their action against depleted uranium, and Ramsey mentioned there being plenty of interesting activists to defend when doing so for free.
Thanks to Plowshares and Catholic Worker activist Mark Colville of the Amistad Catholic Worker in New Haven for joining Jon in talking about his three Plowshares actions and resulting jury trials for two of them, and his Catholic Worker activities, including with Rosette Village.
Plowshares actions include admitting the defendants' actions, while arguing that the action should not be convicted any more than Underground Railroad activists should have been convicted. Mark presents great ideas for beating the prosecution through such approaches as keeping our eyes on the prize of winning no matter the seeming and actual hurdles along the way, pushing the envelope of advocacy as necessary, and working in community / teamwork.
Jon recommends donating to the Amistad Catholic Worker or any other Catholic Worker community, and/or the Rosette Village, helping homeless people.

Harmonizing criminal defendants' imbalanced situations- Venerable Thubten Chodron

Beat The Prosecution

10/15/24 • 58 min

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Fairfax criminal defense lawyer and DUI attorney Jonathan Katz has been inspired for years by the great and to-the-point online dharma talks and guided meditations by Venerable Thubten Chodron. Venerable is at once compassionate, kind, generous of her time and as tough as nails. Through divine coincidence that neither knew about at the time, Venerable was editing a book about inmates when Jon Katz invited her onto this show.
Transcending all religious and non-religious approaches to life, Venerable here gives great lessons on non-anger, selflessness, restorative justice, working with inmates, mindfulness and more approaches that work very well for helping criminal defendants and their lawyers obtain the best possible results in court, and for making us feel more grounded. Venerable suggests entitling this podcast as harmonizing the situation rather than beating the prosecution, to which Jon responds why the name remains as it is.
Check out Venerable's many great books, and the section of her abbey's website with writings by incarcerated people and prison volunteers. You are bound to be inspired by Venerable's words and great spirit. If you like what you hear, please consider donating to her abbey.

Powerhouse lawyer Bob Hilliard- Winning trials by caring for our clients and throwing ourselves fully into their cause

Beat The Prosecution

06/11/24 • 54 min

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What do non-ego, blue jeans, and tireless work have to do with beating the prosecution? Join us as Fairfax, Northern Virginia, criminal and DUI lawyer Jonathan Katz talks in depth with Corpus Christi, Texas, trial lawyer Robert C. Hilliard, who was Jon's roommate at the Trial Lawyers College. https://hilliard-law.com

Early on, Bob inspired Jon to stay on the path of deeply caring for his clients, and to become his own boss. Bob's experience pursuing products liability cases against manufacturers served him well in achieving the ending of a multiyear vehicular homicide sentence for a defendant who asserted that his car's brakes did not work to avoid the fatal collision. Bob argued right up to the United States Supreme Court for the right to sue a United States Border Patrol agent for his cross-border fatal shooting of a teenager. Hernandez v. Mesa, 589 U.S. 93 (2000) (a 5-4 decision declining to permit such a cause of action for a cross-border shooting). Bob Hilliard pursues victory for his clients without ego, without airs, and with hard and smart work.
In this episode, we talk about being authentic and powerfully vulnerable, and about the connections we make with our loved ones, with each other and with jurors. We include discussing our late friend Dax Cowart, and Bob talks about how meaningful it is to have Dax's walking stick in his office. Jon and Bob have not seen each other in person for years, and here pick up where they last left off, as if it was yesterday.

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FAQ

How many episodes does Beat The Prosecution have?

Beat The Prosecution currently has 46 episodes available.

What topics does Beat The Prosecution cover?

The podcast is about Lawyer, Attorney, Virginia, Criminal, Podcasts, Education, Crime and Government.

What is the most popular episode on Beat The Prosecution?

The episode title 'Trial readiness needs to lead your criminal defense.' is the most popular.

What is the average episode length on Beat The Prosecution?

The average episode length on Beat The Prosecution is 42 minutes.

How often are episodes of Beat The Prosecution released?

Episodes of Beat The Prosecution are typically released every 6 days, 23 hours.

When was the first episode of Beat The Prosecution?

The first episode of Beat The Prosecution was released on Dec 14, 2023.

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Beat The Prosecution

Jon Katz

Top 10 Beat The Prosecution Episodes

FAQ

How many episodes does Beat The Prosecution have?

What topics does Beat The Prosecution cover?

What is the most popular episode on Beat The Prosecution?

What is the average episode length on Beat The Prosecution?

How often are episodes of Beat The Prosecution released?

When was the first episode of Beat The Prosecution?

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