Dennis Elias’s Latest Tweet :. Injustice News Twitter Feed :.Mark Bennett | April 4, 2011
When a lawyer has possession of an illegally-obtained recording, what is she to do? Not a new story; this is from 8 March 2011: Just before Duke’s first unsupervised visit, Dianna bought a small digital recorder online. Dianna unstitched a bit of her daughter’s favorite teddy bear—known as “Little Bear”—and stuck the recorder inside, stitching [...]
Mark Bennett | March 12, 2011
More from lawyer James D. “11-28-3″ Evans, III: …Let me give you the straight of it: this young girl, 11 years old…she was aloose on the community—I say aloose—she was allowed to be out and about the community in Cleveland Texas from about May until about December, and over the course of that period of [...]
Mark Bennett | October 9, 2010
[A] good-faith, case-by-case, consequential ethics approach should be used that balances the greatest good for the greatest number without trampling unduly on individual rights and each citizen’s constitutionally protected liberty interests. Sreenivasan, Frances, and Weinberger, Normative Versus Consequential Ethics in Sexually Violent Predator Laws: An Ethics Conundrum for Psychiatry, J Am Acad Psychiatry Law 38:3:386-391 [...]
Mark Bennett | August 18, 2010
Houston DUI lawyer Paul Kennedy, in Going for the Gut, calls to our attention this Boston Globe article by Drake Bennett about how disgust may shape our moral judgments. A few thoughts: First, one of the experiments discussed: In one study, [psychologist Jonathan Haidt] had some of his unfortunate test subjects respond to four vignettes [...]
Mark Bennett | July 26, 2010
Quoth Vincent Bugliosi, in a comment posted by John Kindley: ‘Everyone is entitled to be represented by an attorney’ is the idealistic chant often recited by defense attorneys as justification for representing even the most vicious criminals in our society. The concept is unassailable, but idealism is rarely what motivates lawyers who represent guilty defendants. [...]
Mark Bennett | June 19, 2010
I've been thinking more about University of Texas Medical Branch's practice of renting out mentally ill prison inmates for cops to practice their phlebotomy against, and it seems to me that UTMB, TDCJ's medical services provider, is missing out on several other great opportunities to make money on the backs of "consenting" (consent is easy [...]
Mark Bennett | June 18, 2010
"UTMB’s Correctional Managed Care program has an agreement with Lone Star College involving its Law Enforcement Phlebotomy Program. The participating Houston police officers at the units were there as part of the Lone Star College course they were taking. Having blood drawn is part of the standard intake process at TDCJ and mentally ill offenders [...]
Mark Bennett | May 30, 2010
New second-career criminal-defense lawyer desperately in need of a mentor Joe Attorney writes: [Reptile] is not a technique I could comfortably embrace. It suggests we should manipulate the more primitive emotions and parts of the brain to gain the desired result. To me it suggests that lawyers should worry more about ends than the means. [...]
Mark Bennett | July 16, 2008
John Wesley Hall brings to our attention a new article: Fred Zacharias, Fitting Lying to the Court into the Central Moral Tradition of Lawyering, 58 Case West. L. Rev. ___ (2008). Professor Zacharias focuses on what he calls Professor Monroe H. Freedman’s “most interesting illustration” of circumstances in which zealous representation might “require a lawyer [...]
Mark Bennett | June 18, 2008
Suppose that you were a prosecutor prosecuting a first-time DWI case, and that I was defending it. Suppose further that the accused’s husband, an ex-cop, watched her performing the field sobriety tests at the scene, and would testify that she did fine. That the arresting officer claimed that his in-car video camera wasn’t working. That [...]
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