Dennis Elias’s Latest Tweet :. Injustice News Twitter Feed :.Mark Bennett | June 30, 2007
I’m not the only one giving away million-dollar legal advice. Stephen Gustitis blogs here about what to do when you’re arrested, and Scott Greenfield follows up here with his thoughts, including why peoplr spill their guts after demanding a lawyer: This may be the gestalt need to explain oneself, by adding something like “I’m in [...]
Mark Bennett | June 29, 2007
When my federal criminal defense clients and I are discussing the possible punishment (using the sentencing guidelines as, well, guidelines) that they might receive if they are convicted, they are often shocked. The sentences seem severe for first-time offenders. “But Mark,” they often say, “I’ve never been in trouble before. Can we get the sentence [...]
Mark Bennett | June 29, 2007
I talked here about the beginning of an understanding of the American criminal “justice” system, the principle that “legal” doesn’t mean “right” and “illegal” doesn’t mean “wrong.” After “illegal ? wrong,” the next principle that needs to be recognized for an understanding of the American criminal “justice” system is this: A criminal case is a [...]
Mark Bennett | June 28, 2007
An understanding of the criminal “justice” system has to begin with this: The criminal “justice” system is not about “right and wrong.” “Right and wrong” and “legal and illegal” are entirely separate concepts. “Right” and “wrong” are moral terms, not legal terms. The fact that something is illegal does not make it wrong, and the [...]
Mark Bennett | June 28, 2007
Today an anonymous prosecutorial commentor wrote, in the comments to my Support the Troops — Acquit a Vet post (and directly in response to my saying, “I’m not worried about people losing faith in the criminal justice system. Anyone who has faith in the criminal “justice” system is either on the government teat or oblivious”: [...]
Mark Bennett | June 27, 2007
A prosecutor who wishes to remain anonymous has this to say in response to my Us v. Them II post of last week: I do think that Mckinney’s statements were too harsh, especially the part about how ADA’s prosecute the innocent. Currently, I only deal with robbery cases and violent serious assaults. Regardless of the [...]
Mark Bennett | June 27, 2007
The lead story in the Houston Chronicle this morning was this: Mayor White Mobilizes Aid for Texas Veterans. “One in 11 soldiers wounded in Iraq and Afghanistan,” begins the article, “is Texan.” (Texas and Washington have lots of servicepeople because they have no income tax.) Unless Texas soldiers are particularly injury-prone, this probably means that [...]
Mark Bennett | June 27, 2007
A commentor to my May 13, 2007 Bad Voir Dire / Good Voir Dire post wrote: I’m a prosecutor, but those were good points. I’ll try to implement them in my next trial. I suspect that part might have been intended as a friendly jab. The fact is, though, that I’d rather try a case [...]
Mark Bennett | June 27, 2007
More ammunition for those fighting to replace ad hoc counsel appointment systems (like Harris County’s) with properly-organized and funded public defenders’ offices: Gideon calls our attention to Princeton University student Radha Iyengar’s analysis of the relative performance of federal PDs and lawyers appointed to federal cases under the Criminal Justice Act (CJA). The result of [...]
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