Defending People

the tao of criminal-defense trial lawyering

Nothing New Under the Sun

There’s a cause for all sorts of human con­duct, just exactly as there’s a cause for all the phys­i­cal actions of the uni­verse. The real cause of crime is poverty, igno­rance, hard luck, and gen­er­ally youth. These almost invari­ably com­bine to pro­duce what we call a crime.

(H/T Hous­ton criminal-defense lawyer Robb Fick­man.)

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About The Author

Mark Bennett got his letter of marque from the Supreme Court of Texas in May 1995. He is famous for having no sense of humor when it comes to totalitarianism.

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6 Responses to “Nothing New Under the Sun”

  1. Mike Paar says:

    I think greed, hate, and men­tal prob­lems cer­tainly cause their share as well. Often though, the cause of crime are laws that cre­ate crim­i­nal behav­ior. Take the guy sit­ting on his front porch smok­ing a joint and relax­ing after a hard day at work. The real crime is arrest­ing him…

  2. Mike Paar says:

    I’m not at all sure what causes greed, maybe power and con­trol, which would likely fall under the men­tal prob­lems cat­e­gory. And it’s said that sex crimes have more to do with power and con­trol than lust, so they would fit into that cat­e­gory as well. Among many other things hate can be caused by the actions of oth­ers. Hate can drive an indi­vid­ual or an entire nation to do things we can’t really imag­ine. I speak of the Nazi and African geno­cide atrocities.

    A favorite movie line of mine is from Mid­night Express. Speak­ing to a trio of Turk­ish judges who are decid­ing his fate after an unsuc­cess­ful drug smug­gling attempt, the young Billy Hayes states ” What is a crime? What is pun­ish­ment? It seems to vary from time to time, and from place to place. What’s legal today is sud­denly ille­gal tomor­row ’cause some soci­ety says it’s so; and what’s ille­gal yes­ter­day is sud­denly legal because everybody’s doing it and you can’t put every­body in jail.”

  3. robb fickman says:

    What con­tin­ues to be par­tic­u­larly offen­sive is that many of the county and state judges con­tinue to deny PR bonds to young peo­ple who land before them because of poverty, igno­rance or hard luck.

    Don­ald Jr. is arrested and charged with Poses­sion of Mar­i­juana based on an ille­gal search.
    Don­ald Jr, who lives in River Oaks, gets out on Bond and gets a top flight lawyer. His lawyer gets dis­cov­ery and reseaches search. Lawyer points out ille­gal search to ADA and ADA dis­misses case. Don­ald Jr.. then gets his expunc­tion and his record is clean. Don­ald Jr. goes on to SMU or wher­ever, and lives hap­pily ever after sip­ping drinks at “The Club”.

    Dwayne is arrested and charged with Pos­ses­sion of Mar­i­juana based on an ille­gal search.
    Dwayne lives in a mobil home, not in River Oaks. He gets a Bond set but his fam­ily doesnt have the money to make his Bond. So Dwayne sits in jail. His County Court Judge wont give him a PR bond but his County Court judge will give Dwayne a court appointed lawyer. His court appointed lawyer never inter­views Dwayne and doesnt know that its an ille­gal search. Dwayne’s lawyer tells Dwayne. , if you plead guilty you can get out in 3 days or you can reset your case for trial and if you win you will get out in one month. Dwayne. pleads guilty to get out of Jail. Dwayne gets a con­vic­tion and is not eli­gi­ble for expunc­tion. Dwayne’s con­vic­tion makes it hard for him to get a job.
    He strug­gles. His is a life of poverty, igno­rance and hard luck.
    Even­tu­ally Dwayne gets a job at a coun­try club as a bus boy. He works hard. After 10 years he makes it as a waiter at the coun­try club. He gets to serve drinks to a creepy rich bas­tard named Donald.

    If Karma exists, those in power who step on the poor, should come back in another life as the per­son they stepped on.

    Robb Fick­man

  4. Mike Paar says:

    Well put, Robb. A few months ago I had a con­ser­va­tion with a for­mer pros­e­cu­tor over in Mont­gomery county on the sub­ject of the long sen­tences that are handed down by the courts there. She reminded me of some­thing we’re all taught in col­lege and that is that crime and the penal­ties for com­mit­ting them are cycli­cal. Right now we’re in the cycle of longer sen­tences and build­ing more pris­ons. Many judges in Mont­gomery county real­ize the harm they’re doing to our young but their lust for power pre­vents them from doing what’s right as they fear the voter’s anger will expel them from the bench. What will be inter­est­ing is whether Kelly Case will kow­tow to Ligon or will stand up to him and do what’s fair and right. I hate to say it but I fear Case will likely become just another assis­tant dis­trict attor­ney by proxy…

  5. Robb Fickman says:

    Nearly all men can stand adver­sity, but if you want to test a man’s char­ac­ter, give him power.” –Abra­ham Lincoln

    We have seen many, many lawyers fail this test. The robe seems to effect many like Tolkein’s ring.
    Putting on that robe seems to cor­rupt many. And unfor­tu­nately, too many elected judges worry more about get­ting re-elected than doing what’s right. Of course not all ejected judges fail the char­ac­ter test.
    I per­son­ally think Marc Brown and Cappy Cosper both passed with fly­ing col­ors. And I think almost all of our Fed­eral judges and Mag­is­trates get it right.

    I believe Kelly Case, unlike so many oth­ers, is a man of char­ac­ter. I believe Kelly will daily remem­ber his Oath is to sup­port the Con­sti­tu­tion and not the DA’s Agenda.

    In Har­ris. County,too many of our judges think it’s their place to help the State. They help the State at every turn and pan­der to the anti-crime mob men­tal­ity. This approach pushes us closer daily to a police state.

    Too many Judges are ” wanna be cops”. . As The Real Bob Ben­nett once told me, based on judges ad cam­paigns he couldn’t tell if some of the judges were run­ning for judge or Sheriff.

    I am con­fi­dent in Kelly.

    Robb Fick­man

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