Comments on: The Ethics of Snitching 2 http://bennettandbennett.com/blog/2007/11/ethics-of-snitching-2.html the tao of criminal defense trial lawyering Fri, 19 Mar 2010 21:51:06 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: Mark Bennett http://bennettandbennett.com/blog/2007/11/ethics-of-snitching-2.html/comment-page-1#comment-609 Mark Bennett Sat, 03 Nov 2007 00:25:00 +0000 http://bennettandbennett.com/blog/?p=371#comment-609 Other Steve,<br/><br/>Indigent defendants aren't in a position to get another lawyer, so a lawyer can't very well require them to agree to not snitching.<br/><br/>I hadn't considered taking CJA cases and holding my nose. My initial thought is that I shouldn't sacrifice my own ethics for the sake of taking CJA cases. I don't, after all, need the money. <br/><br/>On the other hand, though, there is good to be done in representing indigents accused that might outweigh my ethical objections to helping some of them snitch. <br/><br/>It's a great question, to which I will someday have a great answer. Other Steve,

Indigent defendants aren’t in a position to get another lawyer, so a lawyer can’t very well require them to agree to not snitching.

I hadn’t considered taking CJA cases and holding my nose. My initial thought is that I shouldn’t sacrifice my own ethics for the sake of taking CJA cases. I don’t, after all, need the money.

On the other hand, though, there is good to be done in representing indigents accused that might outweigh my ethical objections to helping some of them snitch.

It’s a great question, to which I will someday have a great answer.

]]> By: Other Steve http://bennettandbennett.com/blog/2007/11/ethics-of-snitching-2.html/comment-page-1#comment-608 Other Steve Fri, 02 Nov 2007 23:30:00 +0000 http://bennettandbennett.com/blog/?p=371#comment-608 I remember you saying that it would not be appropriate for a public defender, or an attorney taking a CJA client, to require clients to agree to your no-snitch-assistance policy. Accordingly, you stopped taking CJA clients. (If that's not accurate, please correct me!)<br/><br/>Did you consider an alternative course-of-action? Perhaps maintaining the "no-snitches" clause for your paying clients, but holding your nose and facilitating snitch deals for CJA clients if the opportunity arises?<br/><br/>I'd love to hear if that's something you considered, and if it is, what your line-of-thinking was at the time. I remember you saying that it would not be appropriate for a public defender, or an attorney taking a CJA client, to require clients to agree to your no-snitch-assistance policy. Accordingly, you stopped taking CJA clients. (If that’s not accurate, please correct me!)

Did you consider an alternative course-of-action? Perhaps maintaining the “no-snitches” clause for your paying clients, but holding your nose and facilitating snitch deals for CJA clients if the opportunity arises?

I’d love to hear if that’s something you considered, and if it is, what your line-of-thinking was at the time.

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