Should the fine have to fit the crime?
The episode follows Alaska bush pilot Ken Jopie, who lost his $95,000 Cessna after being convicted of felony bootlegging for flying a six-pack of beer into a dry village, and has spent over a decade fighting the forfeiture. Through Ken's case, law professor Michael O'Hare and attorney Sam Gedge explain the Eighth Amendment's Excessive Fines Clause, how a 1998 Supreme Court case (Bajikajian) established limits on economic punishments, and how lower courts have since applied that standard unevenly. The conversation explores why fines and forfeitures can be constitutionally excessive, the incentives that drive governments to rely on them, and why Ken's case could prompt the U.S. Supreme Court to clarify the law.
The Alabama Murders - Part 5: Cruel and Unusual
Malcolm Gladwell examines the botched 2022 execution attempt of Kenny Smith in Alabama, situating it within the broader history and practice of lethal injection. Through interviews with Smith's mother, his longtime lawyer, a medical expert, and courtroom and press excerpts, the episode details Alabama's lethal injection protocol, previous failed executions, and the political response that extended the time window for executions. The story raises questions about what constitutes "cruel and unusual" punishment and how a method designed to appear humane can mask severe suffering and systemic failure.