Comments on: Applied Ethics http://blog.bennettandbennett.com/2009/03/applied-ethics.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: Mark Bennett http://blog.bennettandbennett.com/2009/03/applied-ethics.html/comment-page-1#comment-7869 Mark Bennett Wed, 08 Apr 2009 00:04:39 +0000 http://bennettandbennett.com/blog/2009/03/applied-ethics.html#comment-7869 I doubt it. "Sovereign immunity" (doubt quotes because the people are sovereign, so "sovereign immunity" is really governmental immunity) keeps people from suing the government and its agents in most circumstances. I doubt it. “Sovereign immunity” (doubt quotes because the people are sovereign, so “sovereign immunity” is really governmental immunity) keeps people from suing the government and its agents in most circumstances.

]]> By: Curious George http://blog.bennettandbennett.com/2009/03/applied-ethics.html/comment-page-1#comment-7867 Curious George Tue, 07 Apr 2009 23:27:42 +0000 http://bennettandbennett.com/blog/2009/03/applied-ethics.html#comment-7867 Can a confidential informant sue the government if his identity is revealed through negligence and his life is subsequently put in danger? Are there any cases where this has happened in the past? Can a confidential informant sue the government if his identity is revealed through negligence and his life is subsequently put in danger? Are there any cases where this has happened in the past?

]]> By: Let’s see those files « Off the Kuff http://blog.bennettandbennett.com/2009/03/applied-ethics.html/comment-page-1#comment-7336 Let’s see those files « Off the Kuff Wed, 04 Mar 2009 06:29:51 +0000 http://bennettandbennett.com/blog/2009/03/applied-ethics.html#comment-7336 [...] For a more detailed discussion of the ins and outs of this practice, see Murray Newman and Mark Bennett. May there be more reforms like this coming from the DA’s office [...] [...] For a more detailed discussion of the ins and outs of this practice, see Murray Newman and Mark Bennett. May there be more reforms like this coming from the DA’s office [...]

]]> By: Oilacct http://blog.bennettandbennett.com/2009/03/applied-ethics.html/comment-page-1#comment-7332 Oilacct Wed, 04 Mar 2009 04:03:02 +0000 http://bennettandbennett.com/blog/2009/03/applied-ethics.html#comment-7332 It will take a court order to get my SSAN revealed to law enforcement. Same thing with my drivers license. If I'm not driving, they don't need to see it. Period. The police get a little peeved at that attitude, but as far as I know, there's no statutory requirement to present government ID unless you are operating a motor vehicle. If pushed, I might present a copy of my passport. And, unless I'm being interviewed at the scene of an accident or a crime that I witnessed, I won't be talking to police without a lawyer present. It will take a court order to get my SSAN revealed to law enforcement. Same thing with my drivers license. If I’m not driving, they don’t need to see it. Period. The police get a little peeved at that attitude, but as far as I know, there’s no statutory requirement to present government ID unless you are operating a motor vehicle. If pushed, I might present a copy of my passport. And, unless I’m being interviewed at the scene of an accident or a crime that I witnessed, I won’t be talking to police without a lawyer present.

]]> By: louis martinez http://blog.bennettandbennett.com/2009/03/applied-ethics.html/comment-page-1#comment-7323 louis martinez Tue, 03 Mar 2009 04:21:33 +0000 http://bennettandbennett.com/blog/2009/03/applied-ethics.html#comment-7323 Mark, I think the most thoughful part of this post was your statement that a lawyer can't claim to be acting on principle unless he's willing to risk the legal consequences. One of my more violent clients recently used the information in his file to send threatening letters to witnesses. I understand that I'm charged with an important duty as his attorney, and my client's actions don't diminish the sense of responsibility I feel or the level of representation I'm providing him, but the next time I get the same feeling from a client, I'm editing the witnesses' contact info out of the reports I hand over. If that lands me in front of the greivence commitee, so be it. Mark,

I think the most thoughful part of this post was your statement that a lawyer can’t claim to be acting on principle unless he’s willing to risk the legal consequences. One of my more violent clients recently used the information in his file to send threatening letters to witnesses. I understand that I’m charged with an important duty as his attorney, and my client’s actions don’t diminish the sense of responsibility I feel or the level of representation I’m providing him, but the next time I get the same feeling from a client, I’m editing the witnesses’ contact info out of the reports I hand over. If that lands me in front of the greivence commitee, so be it.

]]> By: AHCL http://blog.bennettandbennett.com/2009/03/applied-ethics.html/comment-page-1#comment-7320 AHCL Mon, 02 Mar 2009 21:43:14 +0000 http://bennettandbennett.com/blog/2009/03/applied-ethics.html#comment-7320 Don't shake too much, Ron. The Social Security Number is the most reliable method of locating a witness when it comes trial time. Sometimes the time between offense and trial can be years or even decades. The Social Security number never changes so it helps locate witnesses come trial time. More importantly, it can help find them where they work. Although the prosecution uses this more than the defense, I would imagine it comes in handy from time to time for the defense, as well. Don’t shake too much, Ron. The Social Security Number is the most reliable method of locating a witness when it comes trial time. Sometimes the time between offense and trial can be years or even decades. The Social Security number never changes so it helps locate witnesses come trial time. More importantly, it can help find them where they work.
Although the prosecution uses this more than the defense, I would imagine it comes in handy from time to time for the defense, as well.

]]> By: Ron in Houston http://blog.bennettandbennett.com/2009/03/applied-ethics.html/comment-page-1#comment-7319 Ron in Houston Mon, 02 Mar 2009 21:35:49 +0000 http://bennettandbennett.com/blog/2009/03/applied-ethics.html#comment-7319 My first take was your last side comment - why in the hell are the police asking witnesses for their social security numbers? Sort of gives me those 1984 Orwellian chills. My first take was your last side comment – why in the hell are the police asking witnesses for their social security numbers? Sort of gives me those 1984 Orwellian chills.

]]> By: Mark Bennett http://blog.bennettandbennett.com/2009/03/applied-ethics.html/comment-page-1#comment-7314 Mark Bennett Mon, 02 Mar 2009 17:22:25 +0000 http://bennettandbennett.com/blog/2009/03/applied-ethics.html#comment-7314 I don't know about New Jersey law, but in Texas you would be wrong, as are many Texas lawyers who have been practicing for decades. I don’t know about New Jersey law, but in Texas you would be wrong, as are many Texas lawyers who have been practicing for decades.

]]> By: george cotz http://blog.bennettandbennett.com/2009/03/applied-ethics.html/comment-page-1#comment-7310 george cotz Mon, 02 Mar 2009 13:46:39 +0000 http://bennettandbennett.com/blog/2009/03/applied-ethics.html#comment-7310 I have been practicing for 35 years. I agree with much of what you write, but at some point your work product--your ideas, thoughts, impressions-- are your own, not the clients. I never give my notes when I give over a file. I have been practicing for 35 years. I agree with much of what you write, but at some point your work product–your ideas, thoughts, impressions– are your own, not the clients. I never give my notes when I give over a file.

]]> By: AHCL http://blog.bennettandbennett.com/2009/03/applied-ethics.html/comment-page-1#comment-7306 AHCL Mon, 02 Mar 2009 03:56:03 +0000 http://bennettandbennett.com/blog/2009/03/applied-ethics.html#comment-7306 Mark, I believe that I "think like a criminal defense attorney" quite well, thanks, but I continue to write like I want to write. I'm not sure what I wrote that was worth the blog slam, but if you want to know the thought process on why the D.A.'s Office is going slowly with turning offense reports, that's why I wrote that post. Other than that, I agree with everything you wrote. Especially the part about taking notes on the file being a better way of learning the information. Who knows? Maybe you think more like a prosecutor than you would like to admit. Mark,
I believe that I “think like a criminal defense attorney” quite well, thanks, but I continue to write like I want to write. I’m not sure what I wrote that was worth the blog slam, but if you want to know the thought process on why the D.A.’s Office is going slowly with turning offense reports, that’s why I wrote that post.

Other than that, I agree with everything you wrote. Especially the part about taking notes on the file being a better way of learning the information. Who knows? Maybe you think more like a prosecutor than you would like to admit.

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