Episode 27: You Might Go to Prison Even Though You're Innocent with Justin Brooks

The Litigation War Room kicks off Season 2 with an interview with Justin Brooks, founder of the California Innocence Project and author of You Might Go to Prison, Even Though You’re Innocent. Justin speaks with host Maxwell Goss about his work exonerating the wrongfully convicted. He brings both realism and hope in sharing his amazing and moving stories from the front lines of our justice system.

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"As citizens in a community, we've suffered because we not only have the largest prison system in the world—we incarcerate the highest percentage of our population in the world, and we have one of the highest recidivism rates in the world. Which means we're doing things wrong."

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Justin Brooks

EPISODE OUTLINE

00:24 Introduction to Justin Brooks and his work

01:21 Expanding innocence projects in Latin America

04:10 Justin's defense of football star Brian Banks

08:10 The journey of writing You Might Go to Prison, Even Though You're Innocent

09:44 Justin's appeal to the reader's self-interest

14:14 Defense of a client sentenced to death on a plea bargain

23:44 Defense of a client convicted based on false identification

29:53 Defense of client convicted because of debunked science

33:59 Advancements in forensic science and DNA testing

39:10 How cases come to the Innocence Project

46:37 Challenges and reflections on the criminal justice system

RESOURCES

ABOUT

Justin Brooks

Professor Brooks directs the LLM Program in U.S. Law in Spanish at the USD School of Law. As the program director, he administers a national moot court program in Mexico, and coordinates the work of 35 innocence organizations in Latin America.

Prior to joining USD Law, Professor Brooks practiced as a criminal defense attorney in Washington, D.C., Michigan, Illinois, and California in both the trial and appellate courts. He was the founding Director of the California Innocence Project at Cal Western law school from 1999-2023, and under his direction the project freed 40 innocent people from prison (including former NFL player Brian Banks).

Professor Brooks is the author of the only legal casebook devoted to the topic of wrongful convictions and the author of “You Might Go to Prison, Even Though You’re Innocent,” a book that details the causes of wrongful convictions based on his experience of more than three decades as a criminal defense attorney and innocence organization director.  He is portrayed by Academy Award nominated actor Greg Kinnear in the feature film, “Brian Banks.”

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The Litigation War Room podcast presents great stories and great insights to help lawyers raise their litigation game and win more cases.

The Litigation War Room is hosted by Maxwell Goss, the owner and principal attorney of Maxwell Goss Law. Max represents clients in trade secret, intellectual property, and business cases in Michigan and around the country, bringing forceful advocacy and creative solutions to every case he handles.
About The Litigation War Room
The Litigation War Room presents great stories and great insights from some of the nation’s most accomplished courtroom lawyers.

The Litigation War Room is hosted by Maxwell Goss, a litigation attorney with the intellectual property boutique firm Fishman Stewart PLLC. Max represents clients in intellectual property and business cases in Michigan and around the country, bringing forceful advocacy and creative solutions to every case he handles.
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