Mark Bennett | August 13, 2010
It is unlawful, in Maryland, for any person to [w]ilfully intercept, endeavor to intercept, or procure any other person to intercept or endeavor to intercept, any . . .oral . . . communication[.] "Oral communication" means any conversation or words spoken to or by any person in private conversation. "Intercept" means the aural or other [...]
Category: police, video |
5 Comments »
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Mark Bennett | August 13, 2010
In regard to the search of a place, the United States Supreme Court has consistently favored the issuance of a warrant by a neutral and detached judicial officer as a more reliable safeguard against improper searches. See Lo-Ji Sales, Inc. v. New York, 442 U.S. 319, 326, 99 S.Ct. 2319, 2324, 60 L.Ed.2d 920 (1979). [...]
Category: blood, DWI, search and seizure |
1 Comment »
Tags: Jean Hughes, Mike Fields, Paul Kennedy
Mark Bennett | August 11, 2010
(For more of Paladin's wisdom, buy the complete first season of Have Gun, Will Travel here.)
Category: criminal defense lawyers, video |
4 Comments »
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Mark Bennett | August 11, 2010
Every now and again some young criminal-defense lawyer on some listserv will suggest that we criminal-defense lawyers should "set everything for trial." If we set everything for trial, the theory goes, either the government becomes much more reasonable in the cases it charges and the offers it makes, or the system crumbles under its own [...]
Category: Harris County DA |
9 Comments »
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Mark Bennett | August 4, 2010
So I listed four big reasons blawgers should attribute ideas with which they disagree: For yourself; For your readers; For those with whom you disagree; and For the blawgosphere. To illustrate the hazards of non-attribution, I pointed out a couple of Norm Pattis’s and Jamison Koehler’s unattributed statements, and asked: who said it, when, and [...]
Category: Uncategorized |
36 Comments »
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Mark Bennett | August 3, 2010
Clay Conrad writes: [A]lmost nobody denies that, say, executing an innocent man would be a substantive injustice. So, if there can be a substantive injustice, then there must be, by elimination, substantive justice. Why does that follow? Say that it’s unjust to execute an innocent man. Does that mean that every time an innocent man [...]
Category: justice |
11 Comments »
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Mark Bennett | August 3, 2010
To do with it what he or she pleases.(H/T Patrick at Popehat)
Category: Asshat of the Day Award, FBI |
3 Comments »
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Mark Bennett | August 3, 2010
People can’t choose what they desire, but they “choose” what they desire, and should generally be able to do what they “choose.” That is, people can’t choose to want one thing over another (because what they desire is controlled entirely by their environment and heredity), but it appears to them (illusorily) that they choose the [...]
Category: Uncategorized |
35 Comments »
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Mark Bennett | August 1, 2010
We have heard talk of “justice.” Is there anybody who knows what justice is? No one on earth can measure out justice. Can you look at any man and say what he deserves—whether he deserves hanging by the neck until dead or life in prison or thirty days in prison or a medal? The human [...]
Category: criminal defense, justice, philosophy |
14 Comments »
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