http://blog.bennettandbennett.com/2010/02/somebody-call-the-tort-reformers.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 http://blog.bennettandbennett.com/2010/02/somebody-call-the-tort-reformers.html/comment-page-1#comment-13297 Mark Bennett Thu, 25 Feb 2010 16:58:45 +0000 http://bennettandbennett.com/blog/2010/02/somebody-call-the-tort-reformers.html#comment-13297 I am sad that I offended the only scared white Republican who doesn't support efforts like Warren's. I am sad that I offended the only scared white Republican who doesn’t support efforts like Warren’s.

]]> http://blog.bennettandbennett.com/2010/02/somebody-call-the-tort-reformers.html/comment-page-1#comment-13287 Dee Pegger Thu, 25 Feb 2010 04:02:06 +0000 http://bennettandbennett.com/blog/2010/02/somebody-call-the-tort-reformers.html#comment-13287 The unfortunate characterization of over a quarter of the population of the country caused me to stop reading the article and to associate the author with a closed mindset. The unfortunate characterization of over a quarter of the population of the country caused me to stop reading the article and to associate the author with a closed mindset.

]]> http://blog.bennettandbennett.com/2010/02/somebody-call-the-tort-reformers.html/comment-page-1#comment-13282 Mark Bennett Wed, 24 Feb 2010 22:45:54 +0000 http://bennettandbennett.com/blog/2010/02/somebody-call-the-tort-reformers.html#comment-13282 In Texas, aggravated assault can be caused recklessly. That gives the State a lot of room to charge accidents as crimes. In Texas, aggravated assault can be caused recklessly. That gives the State a lot of room to charge accidents as crimes.

]]> http://blog.bennettandbennett.com/2010/02/somebody-call-the-tort-reformers.html/comment-page-1#comment-13281 Mark Bennett Wed, 24 Feb 2010 22:45:08 +0000 http://bennettandbennett.com/blog/2010/02/somebody-call-the-tort-reformers.html#comment-13281 Conceivable, but probably statistically insignificant. I will wager that prosecutors are substantially less likely to be victims of violent crime than the mean. Conceivable, but probably statistically insignificant. I will wager that prosecutors are substantially less likely to be victims of violent crime than the mean.

]]> http://blog.bennettandbennett.com/2010/02/somebody-call-the-tort-reformers.html/comment-page-1#comment-13280 Bill Poser Wed, 24 Feb 2010 22:16:29 +0000 http://bennettandbennett.com/blog/2010/02/somebody-call-the-tort-reformers.html#comment-13280 On the one hand, doesn't assault require intent, for which there appears to be no evidence? On the other hand, if it is true that Rodriguez was driving at an "unreasonable and unsafe speed" as alleged, then it might be reasonable, to charge him with something like reckless endangerment or, should the victim die, involuntary manslaughter. Is this really a case of criminalization of a pure accident? It looks like it has been overcharged but that criminal charges might be justified under long established law. On the one hand, doesn’t assault require intent, for which there appears to be no evidence? On the other hand, if it is true that Rodriguez was driving at an “unreasonable and unsafe speed” as alleged, then it might be reasonable, to charge him with something like reckless endangerment or, should the victim die, involuntary manslaughter. Is this really a case of criminalization of a pure accident? It looks like it has been overcharged but that criminal charges might be justified under long established law.

]]> http://blog.bennettandbennett.com/2010/02/somebody-call-the-tort-reformers.html/comment-page-1#comment-13278 Roger Donley Wed, 24 Feb 2010 18:56:34 +0000 http://bennettandbennett.com/blog/2010/02/somebody-call-the-tort-reformers.html#comment-13278 In addition to papercuts, prosecutors' job risks include possible retaliation from defendants and their associates. In addition to papercuts, prosecutors’ job risks include possible retaliation from defendants and their associates.

]]> http://blog.bennettandbennett.com/2010/02/somebody-call-the-tort-reformers.html/comment-page-1#comment-13274 February 24 roundup Wed, 24 Feb 2010 05:10:37 +0000 http://bennettandbennett.com/blog/2010/02/somebody-call-the-tort-reformers.html#comment-13274 [...] Is a Texas prosecutor seeking to criminalize workplace accidents? [Bennett, Defending People] [...] [...] Is a Texas prosecutor seeking to criminalize workplace accidents? [Bennett, Defending People] [...]

]]> http://blog.bennettandbennett.com/2010/02/somebody-call-the-tort-reformers.html/comment-page-1#comment-13265 John Gibson Tue, 23 Feb 2010 00:27:57 +0000 http://bennettandbennett.com/blog/2010/02/somebody-call-the-tort-reformers.html#comment-13265 It is good to see that the uk government is not the only one to try and make stupid laws. It is good to see that the uk government is not the only one to try and make stupid laws.

]]> http://blog.bennettandbennett.com/2010/02/somebody-call-the-tort-reformers.html/comment-page-1#comment-13255 Kimberly Alderman Sun, 21 Feb 2010 18:27:02 +0000 http://bennettandbennett.com/blog/2010/02/somebody-call-the-tort-reformers.html#comment-13255 Some prosecutors overextend criminal law in order to make a name for themselves. Making crazy applications of the law gets press, and any press is good press. So when this prosecutor wants to run for office, people will remember his name, without remembering why they kept seeing it in the paper. Overzealous prosecutors end up getting rewarded for their (arguably) unethical decisions. Some prosecutors overextend criminal law in order to make a name for themselves. Making crazy applications of the law gets press, and any press is good press. So when this prosecutor wants to run for office, people will remember his name, without remembering why they kept seeing it in the paper. Overzealous prosecutors end up getting rewarded for their (arguably) unethical decisions.

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