[ Click here for Episode 1.]

Before the government can take away your life, liberty, or property, it must first give you due process: fair and meaningful procedure. On this episode, we trace the history of due process from 1215 to today. And we head to Harris County, Texas, which operates the the third-largest jail in the country, to see why federal courts say its system of money bail violated that ancient guarantee.

Guests

Anthony Sanders, Institute for Justice

Dana Berliner, Institute for Justice

Diana Simpson, Institute for Justice

Alec Karakatsanis, Civil Rights Corps

Megan Stevenson, Antonin Scalia Law School – George Mason University

Resources:

Procedural Due Process: The Original Understanding, by Edward J. Eberle

Due Process as Separation of Powers, by Nathan S. Chapman & Michael W. McConnell

Civil Due Process, Criminal Due Process, by Niki Kuckes

Only 2% of federal criminal defendants go to trial, and most who do are found guilty, by John Gramlich

The Downstream Consequences of Misdemeanor Pretrial Detention, by Paul Heaton, Sandra Mayson & Megan Stevenson

Distortion of Justice: How the Inability to Pay Bail Affects Case Outcomes, by Megan Stevenson

Harris County bail case page, Civil Rights Corps