Comments on: Us v. Them II http://blog.bennettandbennett.com/2007/06/us-v-them-ii.html the tao of criminal-defense trial lawyering Wed, 08 Feb 2012 02:41:57 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: David Tarrell http://blog.bennettandbennett.com/2007/06/us-v-them-ii.html/comment-page-1#comment-124 David Tarrell Tue, 19 Jun 2007 20:13:00 +0000 http://bennettandbennett.com/blog/?p=148#comment-124 David Feige has a great piece up at Slate in which he makes the point that Mike Nifong, the Duke Lacrosse prosecutor, is a scapegoat and that unethical practices like this will continue unabated after his disbarment. <br/><br/>I believe it. In Nebraska, it was disclosed that a newly appointed County Judge falsified a police report when he was a prosecutor, (leaving out that part where the guy invoked his right to an attorney) and only confessed this to the judge when the cop refused his request to alter it so as to provide the defense attorney with a fabricated police report. Lawyers now still refer to this former prosecutor as "your honor" as he was given only a 6 month suspension. <br/><br/>Some prosecutors and officers believe that because you're a part of law "enforcement", it shouldn't be enforced against you. You know, the old "all pigs are equal, but some pigs are more equal than others" rationalization. <br/><br/>Apparently when these cops and prosecutors took their oath to defend the Constitution, they issued signing statements to the effect that the Equal Protection Clause doesn't apply against "good people" and that the Fourth Amendment doesn't apply to "bad people." (And they get to decide who's who too.) David Feige has a great piece up at Slate in which he makes the point that Mike Nifong, the Duke Lacrosse prosecutor, is a scapegoat and that unethical practices like this will continue unabated after his disbarment.

I believe it. In Nebraska, it was disclosed that a newly appointed County Judge falsified a police report when he was a prosecutor, (leaving out that part where the guy invoked his right to an attorney) and only confessed this to the judge when the cop refused his request to alter it so as to provide the defense attorney with a fabricated police report. Lawyers now still refer to this former prosecutor as “your honor” as he was given only a 6 month suspension.

Some prosecutors and officers believe that because you’re a part of law “enforcement”, it shouldn’t be enforced against you. You know, the old “all pigs are equal, but some pigs are more equal than others” rationalization.

Apparently when these cops and prosecutors took their oath to defend the Constitution, they issued signing statements to the effect that the Equal Protection Clause doesn’t apply against “good people” and that the Fourth Amendment doesn’t apply to “bad people.” (And they get to decide who’s who too.)

]]> By: Mark Bennett http://blog.bennettandbennett.com/2007/06/us-v-them-ii.html/comment-page-1#comment-122 Mark Bennett Tue, 19 Jun 2007 13:27:00 +0000 http://bennettandbennett.com/blog/?p=148#comment-122 Sandy Bielstein gave me a copy already. Sandy Bielstein gave me a copy already.

]]> By: Stephen Gustitis http://blog.bennettandbennett.com/2007/06/us-v-them-ii.html/comment-page-1#comment-121 Stephen Gustitis Tue, 19 Jun 2007 13:15:00 +0000 http://bennettandbennett.com/blog/?p=148#comment-121 Mark:<br/>Get "Winning at Losing . . ." by Dennis A. Challeen. I think you'll enjoy it. Mark:
Get “Winning at Losing . . .” by Dennis A. Challeen. I think you’ll enjoy it.

]]> By: Mark Bennett http://blog.bennettandbennett.com/2007/06/us-v-them-ii.html/comment-page-1#comment-120 Mark Bennett Tue, 19 Jun 2007 02:32:00 +0000 http://bennettandbennett.com/blog/?p=148#comment-120 Anonymous, thanks for the kind words.<br/><br/>Stephen, I have Judge Challeen's book on my reading list. You recommend it? Anonymous, thanks for the kind words.

Stephen, I have Judge Challeen’s book on my reading list. You recommend it?

]]> By: Stephen Gustitis http://blog.bennettandbennett.com/2007/06/us-v-them-ii.html/comment-page-1#comment-119 Stephen Gustitis Tue, 19 Jun 2007 02:23:00 +0000 http://bennettandbennett.com/blog/?p=148#comment-119 Mark:<br/>Your response to Shannon Quadros comment to Us v. Them II is apropos. But let me add this thought. Prosecutors are often working under the mistaken premise that those who run afoul of the criminal justice system are normal ordinary responsible people, like themselves. They mistakenly believe these people will respond to "punishment" the way they would respond to punishment. The normal person is generally self-correcting, but people who do not self-correct are generally not responsive to punishment. The prosecutors (usually the young ones) don't have a clue about this reality. Unfortunately, the judges continually sign-off on the "lock-em' up" mentality because they fail to recognize the reality, too. Anyway, my two cents. Mark:
Your response to Shannon Quadros comment to Us v. Them II is apropos. But let me add this thought. Prosecutors are often working under the mistaken premise that those who run afoul of the criminal justice system are normal ordinary responsible people, like themselves. They mistakenly believe these people will respond to “punishment” the way they would respond to punishment. The normal person is generally self-correcting, but people who do not self-correct are generally not responsive to punishment. The prosecutors (usually the young ones) don’t have a clue about this reality. Unfortunately, the judges continually sign-off on the “lock-em’ up” mentality because they fail to recognize the reality, too. Anyway, my two cents.

]]> By: Anonymous http://blog.bennettandbennett.com/2007/06/us-v-them-ii.html/comment-page-1#comment-118 Anonymous Tue, 19 Jun 2007 02:20:00 +0000 http://bennettandbennett.com/blog/?p=148#comment-118 Awesome blog! I think I will cut&paste this particular post for the entire office (and PD's office in rural Georgia).<br/><br/>Keep-up the great work. Awesome blog! I think I will cut&paste this particular post for the entire office (and PD’s office in rural Georgia).

Keep-up the great work.

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