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	<title>Comments on: The Question of Compassion</title>
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	<link>http://bennettandbennett.com/blog/2008/02/rec.html</link>
	<description>the tao of criminal defense trial lawyering</description>
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		<title>By: Mark Bennett</title>
		<link>http://bennettandbennett.com/blog/2008/02/rec.html/comment-page-1#comment-1081</link>
		<dc:creator>Mark Bennett</dc:creator>
		<pubDate>Wed, 06 Feb 2008 15:05:00 +0000</pubDate>
		<guid isPermaLink="false">http://bennettandbennett.com/blog/?p=507#comment-1081</guid>
		<description>AHCL, to the contrary, justice might happen in Harris County criminal courtrooms every day. What I&#039;m saying is that none of us are omniscient enough to be sure that anything that happens down there is justice. I get a guy acquitted? He might have done something that we don&#039;t know about that made him deserve prison. You send a guy to prison? He might already have suffered enough in his life that it&#039;s unjust for him to go to prison, or he may himself have been an instrument of justice, punishing someone else who deserved it.&lt;br/&gt;&lt;br/&gt;But I think your choice of verbs is apt. Justice isn&#039;t &quot;done&quot; or &quot;found&quot; or &quot;achieved&quot;. It, like shit, just &lt;i&gt;happens&lt;/i&gt;. (Hmmm. T-shirt idea!) If we are lucky, we step in it despite our limited knowledge. And just as we don&#039;t know justice is before we see it, we never really know it after it happens either.&lt;br/&gt;&lt;br/&gt;I think many of the current prosecutors are compassionate people who, if they gave it deep thought, would say that they see greater utility in causing suffering to the accused than in preventing suffering. They&#039;re not the compassionless imprisonment machines that the public thinks they want.</description>
		<content:encoded><![CDATA[<p>AHCL, to the contrary, justice might happen in Harris County criminal courtrooms every day. What I&#8217;m saying is that none of us are omniscient enough to be sure that anything that happens down there is justice. I get a guy acquitted? He might have done something that we don&#8217;t know about that made him deserve prison. You send a guy to prison? He might already have suffered enough in his life that it&#8217;s unjust for him to go to prison, or he may himself have been an instrument of justice, punishing someone else who deserved it.</p>
<p>But I think your choice of verbs is apt. Justice isn&#8217;t &#8220;done&#8221; or &#8220;found&#8221; or &#8220;achieved&#8221;. It, like shit, just <i>happens</i>. (Hmmm. T-shirt idea!) If we are lucky, we step in it despite our limited knowledge. And just as we don&#8217;t know justice is before we see it, we never really know it after it happens either.</p>
<p>I think many of the current prosecutors are compassionate people who, if they gave it deep thought, would say that they see greater utility in causing suffering to the accused than in preventing suffering. They&#8217;re not the compassionless imprisonment machines that the public thinks they want.</p>
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		<title>By: A Harris County Lawyer</title>
		<link>http://bennettandbennett.com/blog/2008/02/rec.html/comment-page-1#comment-1075</link>
		<dc:creator>A Harris County Lawyer</dc:creator>
		<pubDate>Wed, 06 Feb 2008 05:15:00 +0000</pubDate>
		<guid isPermaLink="false">http://bennettandbennett.com/blog/?p=507#comment-1075</guid>
		<description>Okay, we need to come to an agreement to stop using Latin in our posts.  I slept through that part of law school.&lt;br/&gt;&lt;br/&gt;I&#039;m pretty sure that there is nothing that I can say here that is really going to change anyone&#039;s mind, but I would point out that it seems that a lot of your posts are so very pessimistic.  It seems as if you are lamenting that Justice NEVER happens in a Harris County courtroom.  Surely that can&#039;t be the case.&lt;br/&gt;&lt;br/&gt;As a prosecutor, I tried plenty of cases against Defendants that I actually liked.  And that extended from DWIs to murders (believe it or not).  But I had to set aside the fact that I liked them and ask for justice (in the form of punishment) from a jury.  It wasn&#039;t that I felt no compassion for them, I just had a different view of justice than the defense attorney.&lt;br/&gt;&lt;br/&gt;This could go on and on.</description>
		<content:encoded><![CDATA[<p>Okay, we need to come to an agreement to stop using Latin in our posts.  I slept through that part of law school.</p>
<p>I&#8217;m pretty sure that there is nothing that I can say here that is really going to change anyone&#8217;s mind, but I would point out that it seems that a lot of your posts are so very pessimistic.  It seems as if you are lamenting that Justice NEVER happens in a Harris County courtroom.  Surely that can&#8217;t be the case.</p>
<p>As a prosecutor, I tried plenty of cases against Defendants that I actually liked.  And that extended from DWIs to murders (believe it or not).  But I had to set aside the fact that I liked them and ask for justice (in the form of punishment) from a jury.  It wasn&#8217;t that I felt no compassion for them, I just had a different view of justice than the defense attorney.</p>
<p>This could go on and on.</p>
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		<title>By: Mark Bennett</title>
		<link>http://bennettandbennett.com/blog/2008/02/rec.html/comment-page-1#comment-1071</link>
		<dc:creator>Mark Bennett</dc:creator>
		<pubDate>Wed, 06 Feb 2008 02:16:00 +0000</pubDate>
		<guid isPermaLink="false">http://bennettandbennett.com/blog/?p=507#comment-1071</guid>
		<description>Okay. Is it prohibitum or prohibidum? Black&#039;s says prohibitum. Have I been misspelling it all these years?&lt;br/&gt;&lt;br/&gt;Whenever people speak up in defense of prosecutors, they evoke images of violent crime. But prosecutors are spending the bulk of our resources prosecuting mala prohibita (take that, Latin-man!).&lt;br/&gt;&lt;br/&gt;Please don&#039;t nail me to a tree.</description>
		<content:encoded><![CDATA[<p>Okay. Is it prohibitum or prohibidum? Black&#8217;s says prohibitum. Have I been misspelling it all these years?</p>
<p>Whenever people speak up in defense of prosecutors, they evoke images of violent crime. But prosecutors are spending the bulk of our resources prosecuting mala prohibita (take that, Latin-man!).</p>
<p>Please don&#8217;t nail me to a tree.</p>
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		<title>By: Windypundit</title>
		<link>http://bennettandbennett.com/blog/2008/02/rec.html/comment-page-1#comment-1067</link>
		<dc:creator>Windypundit</dc:creator>
		<pubDate>Tue, 05 Feb 2008 22:03:00 +0000</pubDate>
		<guid isPermaLink="false">http://bennettandbennett.com/blog/?p=507#comment-1067</guid>
		<description>What Robert Guest said.  If prosecutors are sincerely motivated by their compassion for the victims, why do they expend so much effort on victimless crimes?</description>
		<content:encoded><![CDATA[<p>What Robert Guest said.  If prosecutors are sincerely motivated by their compassion for the victims, why do they expend so much effort on victimless crimes?</p>
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		<title>By: Ron in Houston</title>
		<link>http://bennettandbennett.com/blog/2008/02/rec.html/comment-page-1#comment-1065</link>
		<dc:creator>Ron in Houston</dc:creator>
		<pubDate>Tue, 05 Feb 2008 21:19:00 +0000</pubDate>
		<guid isPermaLink="false">http://bennettandbennett.com/blog/?p=507#comment-1065</guid>
		<description>Compassion?  Compassion for everyone?&lt;br/&gt;&lt;br/&gt;Mark you&#039;re beginning to sound like all those weak kneed liberals like Jesus and Buddha.</description>
		<content:encoded><![CDATA[<p>Compassion?  Compassion for everyone?</p>
<p>Mark you&#8217;re beginning to sound like all those weak kneed liberals like Jesus and Buddha.</p>
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		<title>By: Robert Guest</title>
		<link>http://bennettandbennett.com/blog/2008/02/rec.html/comment-page-1#comment-1064</link>
		<dc:creator>Robert Guest</dc:creator>
		<pubDate>Tue, 05 Feb 2008 21:03:00 +0000</pubDate>
		<guid isPermaLink="false">http://bennettandbennett.com/blog/?p=507#comment-1064</guid>
		<description>I see a systemic problem. The problem with prosecution is that we have too many malum prohibitum crimes. &lt;br/&gt;&lt;br/&gt;Those cases (Drugs) carry extreme sentences and drain vast resources from the criminal justice system.&lt;br/&gt;&lt;br/&gt;The result is that important cases, malum in se crimes, proceed without complete investigations and with little evidence.&lt;br/&gt;&lt;br/&gt;The result, innocent people go to jail, and our prisons are clogged with dealers.</description>
		<content:encoded><![CDATA[<p>I see a systemic problem. The problem with prosecution is that we have too many malum prohibitum crimes. </p>
<p>Those cases (Drugs) carry extreme sentences and drain vast resources from the criminal justice system.</p>
<p>The result is that important cases, malum in se crimes, proceed without complete investigations and with little evidence.</p>
<p>The result, innocent people go to jail, and our prisons are clogged with dealers.</p>
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