Ron Eisenberg joins us to talk about the essential role of prosecutors as guardians, ensuring due process for defendants while balancing the fairness and rights owed to crime victims. We discuss the reasoning in Miranda v. Arizona and District Attorney v. Osborne, two U.S. Supreme Court cases that analyzed the Constitutional rights of defendants against self-incrimination and post-conviction access to evidence. Both cases involved violent perpetrators. Miranda centered around a serial rapist who was brought to justice through the bravery of his victim, Trish Weir. The Osborne case involved the brutal gang rape of a victim in the sex trade, who was strangled, shot, and left for dead in Alaska. After miraculously surviving her assault, she brought her assailants to justice as well. Through his thoughtful analysis of these decisions and the Constitutional issues underpinning them, Ron provides us with the legal strategies that uphold balance between fairness owed to the defendant and victim.

This podcast discusses the violent crimes of sexual violence, domestic violence, stalking, and human trafficking. If you need support, please call: ⁠The National Domestic Violence Hotline⁠, ⁠RAINN⁠, and ⁠Polaris⁠.

If you’d like more info about AEquitas visit: https://aequitasresource.org/ or email us at: info@aequitasresource.org. Follow AEquitas on Instagram @aequitas_resource

For more information:

• Trish Weir’s experience as a rape victim and state’s witness was brought to life in the 2023 film Miranda’s Victim.
• You can read the decision in Miranda v. Arizona here and District Attorney v. Osborne here.
• For additional analysis on these holdings, check out Supreme Court Clarifies Miranda, Miranda Under the Microscope Again, and Understanding the U.S. Supreme Court’s Decision on Post-Trial DNA Testing in Osborne.