
Joe Rogan Experience #1858 - Josh Dubin & Derrick Hamilton
Josh Dubin (guest), Derrick Hamilton (guest), Joe Rogan (host), Joe Rogan (host), Joe Rogan (host), Josh Dubin (guest), Josh Dubin (guest), Derrick Hamilton (guest), Derrick Hamilton (guest)
In this episode of The Joe Rogan Experience, featuring Josh Dubin and Derrick Hamilton, Joe Rogan Experience #1858 - Josh Dubin & Derrick Hamilton explores wrongful Convictions, Junk Science, and One Man’s Relentless Prison Crusade Joe Rogan speaks with civil rights lawyer Josh Dubin and exoneree-turned-jailhouse-lawyer Derrick Hamilton about wrongful convictions, prosecutorial misconduct, and systemic racism in the U.S. criminal justice system.
Wrongful Convictions, Junk Science, and One Man’s Relentless Prison Crusade
Joe Rogan speaks with civil rights lawyer Josh Dubin and exoneree-turned-jailhouse-lawyer Derrick Hamilton about wrongful convictions, prosecutorial misconduct, and systemic racism in the U.S. criminal justice system.
Hamilton recounts being framed twice for murder by notorious NYPD detective Louis Scarcella, spending over 30 years in prison, teaching himself law, and then helping free dozens of other incarcerated people.
Dubin and Hamilton dissect how junk forensic science, incentivized policing and prosecution, political cowardice, and weak accountability structures produce and maintain wrongful convictions.
They also describe new reform efforts: a forthcoming legal justice center, student-driven innocence work, and community organizing models aimed at changing laws, clemency practices, and who holds power.
Key Takeaways
Innocent people must often become their own best advocates.
Hamilton survived decades in prison by mastering criminal procedure, filing his own motions, and meticulously building records that later enabled appellate courts to recognize his innocence.
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A few rogue actors can corrupt entire justice ecosystems.
Detective Louis Scarcella’s pattern of fabricated witnesses and coerced testimony has been linked to at least 20 exonerations, illustrating how unchecked police and prosecutorial misconduct can devastate hundreds of lives and families.
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Much of ‘forensic science’ in court is scientifically weak or outright junk.
The conversation highlights how bite marks, blood spatter, certain fingerprint practices, and ballistics testimony have flimsy origins, high error rates, and are still being used to secure convictions despite serious scientific criticism.
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Procedural rules often trump actual innocence in U.S. courts.
They discuss Supreme Court decisions (e. ...
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Racism and class drive who is policed, charged, and imprisoned.
ACLU data show Black people are about 3. ...
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Elections and public pressure can materially change local justice outcomes.
Hamilton’s group helped unseat Brooklyn DA Charles Hynes and elect a more reform-minded prosecutor, leading to over 20 exonerations and a formal review of dozens of Scarcella cases—demonstrating the power of organized voting and protest.
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Ordinary people can meaningfully contribute to reform.
From serving as truly skeptical jurors, to signing clemency petitions, writing officials, supporting innocence organizations, or even running for office, they stress that systemic change depends on individuals deciding to act rather than just complain.
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Notable Quotes
“I knew for a fact that if I didn’t stand up and throw punches back through the law, I would’ve stayed in prison the rest of my life.”
— Derrick Hamilton
“Power is worse than any drug. If we don’t pay attention to who we put in positions of power, this will keep happening.”
— Josh Dubin
“Our entire culture should be, ‘First make sure no one is ever convicted of something they didn’t do. And if they are, get them out.’”
— Joe Rogan
“There’s a small minority of people in prison in the law library every single day. The innocent guys are in that law library every single day trying to find a way out.”
— Derrick Hamilton
“You don’t have to be great or powerful or omniscient to make change happen. You just have to break from what’s expected.”
— Josh Dubin
Questions Answered in This Episode
How many other detectives and prosecutors like Louis Scarcella might still be operating—or retired with pensions—without their misconduct ever being fully exposed?
Joe Rogan speaks with civil rights lawyer Josh Dubin and exoneree-turned-jailhouse-lawyer Derrick Hamilton about wrongful convictions, prosecutorial misconduct, and systemic racism in the U. ...
Get the full analysis with uListen AI
What specific legal reforms (e.g., abolishing certain forensic methods, changing habeas rules, ending qualified immunity) would most directly reduce wrongful convictions?
Hamilton recounts being framed twice for murder by notorious NYPD detective Louis Scarcella, spending over 30 years in prison, teaching himself law, and then helping free dozens of other incarcerated people.
Get the full analysis with uListen AI
How can ordinary jurors realistically push back against the built‑in bias toward believing police, experts, and prosecutors in a courtroom setting?
Dubin and Hamilton dissect how junk forensic science, incentivized policing and prosecution, political cowardice, and weak accountability structures produce and maintain wrongful convictions.
Get the full analysis with uListen AI
Given the entrenched economic interests in mass incarceration, what would a credible plan to unwind the ‘prison industrial complex’ actually look like?
They also describe new reform efforts: a forthcoming legal justice center, student-driven innocence work, and community organizing models aimed at changing laws, clemency practices, and who holds power.
Get the full analysis with uListen AI
How can the trauma of long‑term wrongful imprisonment be effectively treated, and what responsibilities should the state have to provide that care and compensation?
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Transcript Preview
(drumming) Joe Rogan podcast, check it out.
The Joe Rogan Experience.
Train by day, Joe Rogan podcast by night. All day. (instrumental music) All right, we're rolling. Joshua, my brother. What's- what's up, man? Good to see you, my friend. It's great to see you, always. Please introduce your friend. Man, it's hard to introduce the un-introducible. So, this is Derrick Hamilton, who has been (squeak) regarded by The New Yorker as the most prolific jail house lawyer that ever lived. He is, um, y- single-handedly responsible for freeing probably over 100 people, including himself. Wow. He spent, um, three decades in jail for murders that he didn't commit. He was framed by one of the most horrific corrupt cops in the city of New York's history, someone by the name of Scarcella. Um, but more than that, he's become known as the- one of the- the biggest and most effective criminal justice reform advocates in the country. And, uh, we'll tell you- get into it a little bit more later, but Derrick is- is not a miracle, he's a force of fucking nature. And I'll- I'll tell you a little bit about how we met and how we got involved together. So, probably about nine years ago, Jay-Z wanted to get into boxing, and Roc Nation started a- a promotional company to promote boxers, and Andre Ward was one of them. So, we were on the opposite sides of the negotiating table, um, and it might be less or more than nine years ago. It was right on the heels of the Eric Garner, um, murder when he was, you know, s- put in a chokehold on Staten Island. And Jay-Z was coming to sign the contract, and I was there with J Prince, and we started talking about like what the fuck is wrong with this country, and figured out that we had like a common bond in that regard. So, fast-forward to a few years later, we, um, I find out through working with Roc Nation on just criminal justice reform initiatives that Jay-Z has this foundation that flies under the radar that is just remarkable. It's called the Shawn Carter Foundation. He and his mother started it, and they take inner city youth, uh, mostly from Brooklyn, c- really the five boroughs, and, um, help give them an opportunity to go to college, but they start when they're in high school. They take them on a bus tour, they help them with the application process, and they literally change the trajectory of these people's lives. So, I had this idea that I would have five of their scholars, we would do a scholarship program, come work on social justice cases with me. And Jay-Z's mom loved it, he loved it, Roc Nation, there's someone named Danya Diaz who runs their philanthropy arm and she's on the board of the Shawn Carter Foundation. We made it a reality, it took a couple of years. So, this summer, I had five college students that were coming to work with me on innocence cases. And I said, "You know, I need somebody that can really connect with these people, um, because I have sympathy for the way they grew up, for the conditions that they were born into, for the opportunities that they didn't have, but I can't empathize because I'm white. It's just as simple as that." So, I thought of Derrick, and I had met Derrick about five years ago, after he had been out for only six years, and Derrick was the first person on my mind that could mentor these students. And I asked him if he would join me in helping mentor them through this seven-week program working with me on a case. And over the past seven weeks, we're this close to freeing this man named Bruce Bryant, who they worked on together. Uh, they worked on his case together. And to watch Derrick and to know his story, I- I knew right away that he'd be able to connect with them, but I did not know his power. So, when he picks up the phone and calls the District Attorney of Queens, they take his call right away. He calls the head of a conviction integrity unit that's involved in re-reviewing cases, he's got such deep respect, and people in high places have such admiration for him because of what he was able to overcome in not only helping himself, but helping free others. He had a settlement with the city, uh, and the state, and instead of taking that settlement and resting on his laurels and doing whatever, which would have been understandable, he's dedicated his life to helping get people out of jail. And not only that, to helping reform the criminal justice system, but these are words like "reform the criminal justice system" we kick around. This man is a- he is a- a human tornado of- o- of action that instead of leaving destruction in its wake, leaves hope, and instead of de- you know, d- devastation, leaves opportunity. I mean, so maybe tornado was the wrong analogy, but I have just never witnessed anything like it. So, I'm on the- the verge of starting this new criminal justice reform center, which we're not at liberty to announce...Um, that is being funded by, um, someone that I've talked about quite a bit on this show. And they were asking me to find a deputy director, you know, a lawyer, and I said... I looked at resumes, I interviewed people and I said, "I found him." I found my lawyer. He may not have a law degree, but he knows more about criminal procedure, he's more respected, he's the best strategic thinker I've ever encountered, and he knows human beings better than anyone. And Derrick's gonna be my... I'm the executive director, Derrick is going to be my deputy director and, I mean, I'll let him tell his story. But when you hear what he's been through, and what he's overcome and what he has done since, um, he's, he's not a force of na- there's words aren't adequate to describe who this man is and what he's overcome and what he's been through. I was trying to suck an ounce of his mental, um, energy on the- the ride over here from Houston, j- just trying to understand how he summons the strength, 'cause I'm trying to use it and apply it in my own life. So it's just, uh, it- it... I'm not gonna cry yet-
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