Because The Customer Is, At That Point, Often Wrong
Mark Bennett | May 13, 2009
My Paladin Didn’t Charge Split Fees post stirred up some interesting discussion between criminal-defense lawyers and others in the comments. Mississippi criminal-defense lawyer Remy Orozco, who wrote the post that inspired mine, commented: This last year in private practice has brought me very few cases where my clients actually wanted to go to trial . [...]
Paladin Didn’t Charge Split Fees.
Mark Bennett | May 9, 2009
Everyone thinks that his way is the best. In his “How to Hire a Gun Slinger…” blog post (a staple of criminal law blawgs: the post suggesting to potential clients criteria they should look for in hiring a lawyer, and explaining how the blogger fits those criteria; I may have written that post a time [...]
DA’s Office Does Right
Mark Bennett | May 7, 2009
From UH Law professor David Dow: In December 2008, Mariano Rosales obtained federal habeas relief on a Batson claim. The district court found that race had improperly influenced the prosecution’s decision to strike at least three jurors. The attorney general elected not to appeal. Rosales was convicted in connection with a tragic shooting in 1985. [...]
The “Prosecuting Policy” Argument
Mark Bennett | May 3, 2009
One argument against prosecuting the waterboarders is that if the new government prosecutes the old government for its policy decisions, the Republic is doomed. The principle is sound, but its application to the question at hand – whether those who waterboarded in our name should be prosecuted – is flawed. Whether to torture is a [...]
Guantanamo Newspeak
Mark Bennett | May 3, 2009
Officials who work on the Guantánamo issue say administration lawyers have become concerned that they would face significant obstacles to trying some terrorism suspects in federal courts. Judges might make it difficult to prosecute detainees who were subjected to brutal treatment or for prosecutors to use hearsay evidence gathered by intelligence agencies. U.S. May Revive [...]
Torture Segue #1
Mark Bennett | May 1, 2009
I’d like to believe that torture doesn’t work. If torture didn’t work, that’d be sufficient reason to forbid it; sufficient but not necessary. Torture is malum in se; it’s illegal—and should be—not because it’s ineffective but because it’s wrong. My opposition to torture is a matter of honor. It doesn’t matter to me whether it [...]




