Shanti is a criminal defense attorney and author, she believes in the power of a story and how bringing these cases to the public eye can create awareness about the injustice and bias ingrained in this country’s justice system.
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Radical empathy in criminal justice can shift how we understand people, power, and reform. In Episode 45, Lindsay speaks with attorney and author Shanti Brien about the role of empathy in advocacy, leadership, and personal transformation. Her work challenges assumptions, invites reflection, and inspires action.
Reconsidering violent crime, systemic racism, police bias training, and the human element
The lockdown of COVID gave people a tiny glimpse into what it's like to have your freedoms totally restricted. Perhaps that can build some empathy between us on the outside and them on the inside. Share on XUnderstanding the Crisis in Our Criminal Justice System
The United States has the largest prison population in the world. It also has the highest rate of incarceration per capita. Our criminal justice system is massive, profitable, and deeply flawed. Its roots are tied to systemic racism that began centuries ago.
Today, many people argue that the system focuses more on punishing behavior than addressing core social issues. These include homelessness, addiction, mental illness, and poverty. Jails are overcrowded, and their role as centers for rehabilitation has nearly disappeared.
Who Are the “Otherized”?
Few groups are more stigmatized in our society than those labeled as “criminals.” These are individuals who have gone through the justice system and lost their case. With a criminal record, rejoining society becomes nearly impossible. Opportunities for true reintegration are rare—regardless of the offense.
Meet Shanti Brien
In this episode of Creating Community for Good, I spoke with criminal defense attorney and author Shanti Brien. Her work carries immense responsibility. As a defense attorney, your client’s future is in your hands.
Shanti focuses on criminal appeals and post-conviction cases. She handles the final stages of legal defense, such as habeas corpus petitions. Her clients are often serving life sentences and are trying to challenge the system from within.
“I Did That Until My Heart Broke…”
Shanti’s journey as an author began when her faith in the system shattered. After years of defending clients, she became disillusioned. Then, the justice system hit closer to home—her husband’s company faced a criminal investigation.
Her book, Almost Innocent, explores the criminal justice system through the eyes of her clients—some guilty, some not. It also tells the story of how the system entered her personal life. The result is a raw and powerful account of a system in crisis.
A Voice for the Voiceless
Shanti is both a storyteller and a “story listener.” In Almost Innocent, she uses real cases to raise awareness about injustice and bias. I read the book and was deeply moved by both the legal stories and the personal reflections she shares. Her writing is compelling and eye-opening. (You can find the book link in the episode’s resources!)
Fighting Bias in the Justice System
Bias and systemic racism are at the core of what’s broken in the U.S. justice system. From police violence to unfair trials, racial inequity persists. Shanti is working to change that.
She co-founded Fogbreak Justice, a national organization that educates legal professionals, civic leaders, and business innovators. Through Fogbreak, Shanti has trained thousands on how to reduce bias, improve fairness, and rebuild community trust.
Her work gives a voice to those silenced by the system. It also helps shape the future of criminal justice by educating current and future leaders.
This episode isn’t about fundraising tools or strategies. It’s a heartfelt conversation about justice—something every community needs. Listening to real stories, even when they make us uncomfortable, brings us closer to change.
Equity and inclusion begin with radical empathy. That’s what this conversation is about.
Join Shanti and me in this conversation, it may be the first step towards change.
Key Takeaways:
05:54 – Shanti Brien’s journey in the justice system and how heartbreak led her to write Almost Innocent.
11:10 – Does being a female criminal defense attorney change anything?
14:34 – Shanti’s family story and the reason behind her passion for criminal justice and giving a voice to unheard minorities.
17:09 – Creating community through storytelling and Shanti’s amazing education work with the Fogbreak Justice project.
19:11 – The two major problems of the U.S. criminal justice system: “The system is too big and the system is too unfair.”
22:51 – How to reduce bias in today’s justice system? Reduce discretion and implement wide-scale education in systemic racism to see a 40% decrease in the stops of African Americans in Oakland, California.
27:06 – Shanti reimagining the limits of the police, including bias training, the use of weapons, and the militarization of the police.
30:00 – What can I do? Get to know the issue, get proximate, and know your voted district attorneys.
33:26 – There’s still hope! Every day more and more people are paying attention and caring about justice.
36:07 – Almost Innocent: Why radical empathy and human connection is absolutely core.
Connect with Shanti
Through LinkedIn, Instagram, and Twitter
Follow Slow Policing-Fogbreak Justice and Fogbreak on Instagram
Episode Resources
Shanti Brien Attorney Educator Criminal Justice Reform
Almost Innocent by Shanti Brien
Fogbreak | Education for Justice
Biased by Jennifer L. Eberhardt
Shanti Brien’s bio:
Shanti Bright Brien is a writer, criminal defense attorney and Co-Founder of Fogbreak Justice, a national organization that collaborates with criminal justice professionals, civic leaders, and business change-makers who are serious about fairness, equity and inclusion.
Shanti’s book, Almost Innocent: From Searching to Saved in America’s Criminal Justice System (Amplify Publishing, 2021) chronicles Shanti’s story as a mother, recovering-NFL-wife, and lawyer to “criminals.” Almost Innocent is an inside account of the messy and tragic criminal system and offers suggestions for what it could be: more fair, more humane, and more just.
Shanti received her BA with high honors in Ethnic Studies from UC Berkeley and JD from Stanford Law School. An enrolled member of the Muscogee (Creek) tribe, Shanti lives in the Bay Area with her husband and three kids.
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