Comments on: Technicalities http://blog.bennettandbennett.com/2007/07/closing-scene-from-alfred-hitchcocks.html the tao of criminal-defense trial lawyering Fri, 10 Feb 2012 17:39:20 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Joel http://blog.bennettandbennett.com/2007/07/closing-scene-from-alfred-hitchcocks.html/comment-page-1#comment-306 Joel Sat, 04 Aug 2007 19:14:00 +0000 http://bennettandbennett.com/blog/?p=236#comment-306 Funnily enough, my comment about the ABA poll began with "Nor is it true that ..." <br/><br/>I think your post actually says the same thing as the little aside in mine. This is why I think that:<br/><br/>(1) Some people commit acts of violent cruelty and escape criminal punishment for them. No one would deny that.<br/><br/>(2) Most of the time, lawyers have nothing to do with that result. But you provide many excellent reasons why lawyers sometimes have an ethical duty to contribute to it.<br/><br/>(3) For the very reasons you give, members of the public aren't mistaken when they express their belief that lawyers contribute to that result.<br/><br/>(4) PR efforts by state bar associations will never convince the people otherwise (which is all that the original post was actually saying).<br/><br/>If you read my blog regularly, as I invite you to do, you'll notice that it doesn't go after defense lawyers. Lawyers who represent their clients honestly get no criticism from me.<br/><br/>But how did you know I wear my skull outside my skin? Have we met?<br/><br/>-- Joel Funnily enough, my comment about the ABA poll began with “Nor is it true that …”

I think your post actually says the same thing as the little aside in mine. This is why I think that:

(1) Some people commit acts of violent cruelty and escape criminal punishment for them. No one would deny that.

(2) Most of the time, lawyers have nothing to do with that result. But you provide many excellent reasons why lawyers sometimes have an ethical duty to contribute to it.

(3) For the very reasons you give, members of the public aren’t mistaken when they express their belief that lawyers contribute to that result.

(4) PR efforts by state bar associations will never convince the people otherwise (which is all that the original post was actually saying).

If you read my blog regularly, as I invite you to do, you’ll notice that it doesn’t go after defense lawyers. Lawyers who represent their clients honestly get no criticism from me.

But how did you know I wear my skull outside my skin? Have we met?

– Joel

]]> By: Mark Bennett http://blog.bennettandbennett.com/2007/07/closing-scene-from-alfred-hitchcocks.html/comment-page-1#comment-300 Mark Bennett Thu, 02 Aug 2007 01:31:00 +0000 http://bennettandbennett.com/blog/?p=236#comment-300 It's a good analogy; one point I was trying to make is that "technicality" is a term of disapprobation. It's not that people like some technicalities and dislike others; rather, it's that the rules they like are rules and the rules they don't like are "technicalities." It’s a good analogy; one point I was trying to make is that “technicality” is a term of disapprobation. It’s not that people like some technicalities and dislike others; rather, it’s that the rules they like are rules and the rules they don’t like are “technicalities.”

]]> By: Shannon Quadros http://blog.bennettandbennett.com/2007/07/closing-scene-from-alfred-hitchcocks.html/comment-page-1#comment-298 Shannon Quadros Thu, 02 Aug 2007 01:24:00 +0000 http://bennettandbennett.com/blog/?p=236#comment-298 Technicalities being a bad thing smacks of the same thinking that says "if the prosecutor brought charges you must have done something wrong". I guess there's this whole notion out there that only people who commit a crime get caught in the dragnet of law enforcement and the judiciary. What they forget is that too often people who have done nothing wrong and subject to the vagaries of prosecutorial negligence. At the same time though - there are people who do inherently bad things and are brought to trial to answer for their crimes but therein lies the great thing about this country - we labor (at least in theory) under the notion that someone is innocent until proven guilty, that one generally has the right to confront their accuser etc, and a host of rights as afforded by the constitution because we believe in rules. Not liking technicalities is like playing a game with your rules and then not liking how they turn out for you in the middle of the 4th quarter. Technicalities being a bad thing smacks of the same thinking that says “if the prosecutor brought charges you must have done something wrong”. I guess there’s this whole notion out there that only people who commit a crime get caught in the dragnet of law enforcement and the judiciary. What they forget is that too often people who have done nothing wrong and subject to the vagaries of prosecutorial negligence. At the same time though – there are people who do inherently bad things and are brought to trial to answer for their crimes but therein lies the great thing about this country – we labor (at least in theory) under the notion that someone is innocent until proven guilty, that one generally has the right to confront their accuser etc, and a host of rights as afforded by the constitution because we believe in rules. Not liking technicalities is like playing a game with your rules and then not liking how they turn out for you in the middle of the 4th quarter.

]]> By: quash http://blog.bennettandbennett.com/2007/07/closing-scene-from-alfred-hitchcocks.html/comment-page-1#comment-294 quash Wed, 01 Aug 2007 21:10:00 +0000 http://bennettandbennett.com/blog/?p=236#comment-294 Public memory being short I don't use this anymore, but I used to remind folks that Kay Bailey Hutchinson was the beneficiary of a "technicality". If it was good enough for her, it ought to be good enough for my clients. Public memory being short I don’t use this anymore, but I used to remind folks that Kay Bailey Hutchinson was the beneficiary of a “technicality”. If it was good enough for her, it ought to be good enough for my clients.

]]> By: Kirk Chavez http://blog.bennettandbennett.com/2007/07/closing-scene-from-alfred-hitchcocks.html/comment-page-1#comment-292 Kirk Chavez Wed, 01 Aug 2007 02:49:00 +0000 http://bennettandbennett.com/blog/?p=236#comment-292 Here is a HARD fact that I had to learn to deal with after a year of being a prosecutor ------ the best defense attorney's I have been up against are the ones that scour the files, checking dates, checking the exact wordings on warrants, checking filing dates, checking names over and over again.<br/><br/>Making sure all i's are dotted and t's are crossed. Making sure that all rules are followed.<br/><br/>They frustrate the hell out of me. At the time, when they are doing it, I can't stand it. Sometimes, to be honest, I can't stand them.<br/><br/>But, I always think to myself, Christ if I ever need an attorney, this is how I want my attorney to be.<br/><br/>As a prosecutor, when a slight rule violation is pointed out to me by a defense attorney, I think "technicality." As a defendant, I would tell my attorney "make sure they follow the RULES to a tee. DO NOT GIVE THEM A BREAK."<br/><br/>Kirk Here is a HARD fact that I had to learn to deal with after a year of being a prosecutor —— the best defense attorney’s I have been up against are the ones that scour the files, checking dates, checking the exact wordings on warrants, checking filing dates, checking names over and over again.

Making sure all i’s are dotted and t’s are crossed. Making sure that all rules are followed.

They frustrate the hell out of me. At the time, when they are doing it, I can’t stand it. Sometimes, to be honest, I can’t stand them.

But, I always think to myself, Christ if I ever need an attorney, this is how I want my attorney to be.

As a prosecutor, when a slight rule violation is pointed out to me by a defense attorney, I think “technicality.” As a defendant, I would tell my attorney “make sure they follow the RULES to a tee. DO NOT GIVE THEM A BREAK.”

Kirk

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