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Unequal Justice: A Trial Lawyer’s Truth From Both Sides of the Aisle (Ep. 267)
Description
Tonight, I sat down with James Porfido—certified criminal trial attorney, former prosecutor, defense lawyer, law professor, and author of Unequal Justice—to pull back the curtain on how America’s criminal justice system really works. From his early days prosecuting sex crimes, child abuse, and vehicular homicides to decades defending the accused.
James shared how simply switching sides of the courtroom changed the respect, resources, and realities he faced. We dug into why trials can be stacked by delays and depleted retainers, how risk algorithms and pandemic-era policies distorted due process, and why the Sixth Amendment must mean competent counsel—not just a warm body. We also explored false accusations, media-fueled narratives, bail reform, and the crucial, human role judges and prosecutors must play to truly seek justice.
This was a candid, eye-opening conversation about a perfectly imperfect system—one that can work when courage and integrity lead, but one that fails when politics, pressure, and procedure take over. Whether you’ve stood roadside during a traffic stop or sat anxiously in a courtroom, understanding these mechanics is the first step to protecting your rights and demanding better.
Check out James’s book Unequal Justice for the full story from both sides of the aisle, and let us know your takeaways at joerooz.com.
Guest: James M. Porfido, Esq.
https://porfidolaw.com/
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(00:00:58) Opening from Asylum Studios and show setup
(00:02:30) Recap of prior episode and tonights theme: pulling back the curtain on justice
(00:03:20) Introducing guest James Porfido and his book Unequal Justice
(00:06:55) Icebreakers: biohacking, audio issues, and marathon stories
(00:10:24) Early career: internships, clerkships, and becoming a prosecutor
(00:11:45) Vehicular homicide case that changed New Jersey law and a career pivot
(00:13:16) From prosecutor to defense attorney and speaking to 77,000 students
(00:16:09) Politics of prosecutor appointments and how New Jersey differs
(00:17:54) Stress of trial work and becoming a parttime psychologist
(00:18:55) Seeing the scales tip: loss of respect, resources, and delays
(00:21:21) Do prosecutors weaponize delay and drain retainers?
(00:23:00) Public defenders: capability varies and plea pressures
(00:25:10) Municipal court realities: everyone paid from the same place
(00:26:38) Constitution in theory vs. roadside reality
(00:29:38) Highprofile cases and the myth that media ensures justice
(00:32:58) Bodycams and social media: help and harm in truth finding
(00:34:15) DWIs on video