Defending People

the tao of criminal-defense trial lawyering

The Hair in the Food, and Jury Selection

| June 25, 2009

A few rules from growing up Bennett: Never lose altitude unnecessarily. Slow, slow. Look, Look. Never pass up a chance to relieve yourself. Don’t let too much small stuff pile up (this is the companion rule to the more widely known “Don’t sweat the small stuff” and “It’s all small stuff”). There’s always a hair [...]

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Brother Dave and Immanuel Kant

| March 16, 2009

I first met “Brother Dave” when he was the case agent for an informant on a cocaine case I was trying. It was a state-court case, but the witness against my client had worked off a federal beef in part by making the case against my client, so Special Agent Brother Dave of the DEA [...]

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Why the Why?

| January 26, 2009

I asked regular reader Interested Counsel, a British criminal-law barrister, for a list of points that he found interesting or was curious about regarding the U.S. criminal justice system. He obliged me, prefacing his email: It is clear here that the Ministry of Justice is enamoured of all things American. It is easy for us [...]

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If You See the High Ground, Take It

| January 19, 2009

Prosecutor Ken Lammers has advice for young criminal lawyers: I know that no one will listen to me, but I think the world would be a better place if they did. Whichever side you feel are “the good guys”, start on the other. Practice there not for 6 months – or even 2 years; practice [...]

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Open Letter to the Judiciary

| January 13, 2009

My Harris County colleagues may have seen this already — it was my President’s Letter in the Winter 2008-09 HCCLA Defender — but I think it might be worth publishing a little more broadly. To the Harris County Judiciary:     Wow. That was a surprise, wasn’t it? Who’d’ve thought that remaining judge in Harris County [...]

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Pride

| January 8, 2009

Pride goeth before destruction, and an haughty spirit before a fall. I had a federal drug conspiracy sentencing this week in which I was arguing, based on my client’s horrible childhood and his history of being a law-abiding and productive member of society for all but two of his 49 years, that he should not [...]

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Justice vs. Fairness

| December 22, 2008

Illinois criminal-defense lawyer Jeremy Richey asks, “is it ethical to plead not guilty” when you know that you are factually guilty? He (being a criminal-defense lawyer) gets the answer right, of course: no [edit: duh, yes]. But I’ve been thinking: in addition to the fact that any boob who has ever sat through an episode [...]

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Georgia Wants to Kill

| December 19, 2008

When the government wants to stick a needle in a human being’s arm and inject chemicals into his body until he’s dead, is it too much to insist that they be able to convince 12 other human beings, selected in a process that is fair to the government, that a) the person will be a [...]

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Criminal Defense Chat with Scott Greenfield

| December 19, 2008

Here is an interview with Scott Greenfield that I recorded a couple of months ago. CharonQC’s interview of Brian Tannebaum inspired me to try to put it on line. Let’s see if it works, shall we? [audio:http://dl.getdropbox.com/u/24606/In_the_can/01_DP_Podcast_001_guest_Scott_Greenfield.mp3]

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Freedom vs. Safety

| December 16, 2008

The exaltation of freedom over safety is part of our national DNA. America was founded, invented, and peopled by those who chose freedom over safety. Ben Franklin: They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety. Patrick Henry: Is life so dear, or peace so sweet, [...]

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