Defending People

the art and science of criminal defense trial lawyering

Reconsidering General Deterrence

Mark Bennett | March 31, 2008

PJ wrote, in response to a comment of mine to The Only Viable Threat:

I will take exception to your claiming deterrence of others as a legitimate purpose of punishment. It ought to be considered unethical to harm people for the purpose of teaching other people something. For example, if a judge determines that, based on [...]

Category: general deterrence, punishment, theory | 7 Comments »
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The Only Viable Threat

Mark Bennett | March 30, 2008

By a margin of more than 11 to one, Defending People choose freedom over safety as the thing they value most. [poll=2] AHCL, at the Elect Kelly Siegler Blog can be forgiven a bit of snarkiness when she reads: Defending People is about protecting the people, one at a time, from the only viable threat to their liberty: their government. … “They hate us for our freedom,” the President says, justifying our embroilment in a war without end that in turn serves as rationale for the curtailment of our rights — to free expression (”There are reminders to all Americans that they need to watch what they say, watch what they do….”), to be secure in our homes and persons (the malevolently-named USA-PATRIOT act), to habeas corpus, counsel, due process and jury trial (Guantanamo) . . . .

Category: fear, government | 12 Comments »
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Paging Malum

Mark Bennett | March 28, 2008

Malum in Se, are you out there? Please let us know that you’re okay and still fighting the good fight.

Category: Uncategorized | 1 Comment »
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Three Stupid State Tricks

Mark Bennett | March 28, 2008

Williamson County’s John Bradley says, “The government has already decided, as a matter of law, that [marijuana] is not available for such a [medical] purpose. No defense permitted.” (H/T Robert Guest, via Grits.) Oops, sorry, John!
DPS Troopers are shopping for Denton, Dallas, and Tarrant County judges to “go to for blood warrants.” Not to worry, [...]

Category: DWI, blood, marijuana, video | 5 Comments »
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Rosenthal in Contempt

Mark Bennett | March 28, 2008

Judge Kenneth Hoyt today held Chuck Rosenthal and his lawyer, Harris County District Attorney’s Office General Counsel Scott Durfee, in civil contempt, ordering Rosenthal to pay $18,900 in “attorneys’ fee sanctions” and making Durfee jointly and severally liable for $5,000 of that.
Here’s the order.
Here’s the motion. I think the motion could have supported a criminal [...]

Category: Chuck Rosenthal, contempt | 1 Comment »
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Nullification Resources

Mark Bennett | March 28, 2008

If you’re sitting on a jury and the facts and law require you to convict but your conscience requires you not to, you must follow your conscience and acquit. Here are some resources intended to educate you, as a juror, of this right:

The Fully Informed Jury Association
FIJA Juror’s Handbook
Kelly Ross on Nullification
“Jury Nullification: The Evolution [...]

Category: jury nullification | 5 Comments »
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Jury Nullification: The Book

Mark Bennett | March 28, 2008

My friend, fellow Houston criminal defense lawyer Clay Conrad, wrote the book on jury nullification. Literally.
Clay’s taking a little time off; I expect him to join in soon, but until then there’s always his book:
“Jury Nullification: The Evolution of a Doctrine”

Category: jury nullification | No Comments »
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Story of the Day

Mark Bennett | March 28, 2008

Via NPR, this StoryCorps story about Julio Diaz, who was getting off a subway in the Bronx when a teenage boy approached and pulled a knife:

“He wants my money, so I just gave him my wallet and told him, ‘Here you go,’” Diaz says.

As the teen began to walk away, Diaz told him, [...]

Category: Uncategorized | 1 Comment »
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No-Nazi Zone

Mark Bennett | March 27, 2008

I’m declaring Defending People a no-Nazi zone. If you want to call someone a Nazi, go elsewhere.
Why?
Because I don’t like ad hominem attacks in comments. They are, as Michael pointed out in a recent comment, absolutely unpersuasive.
The “Nazi” attack is particularly offensive because it minimizes Nazism. You want to prosecute nullifiers? “You’re a Nazi!” No, [...]

Category: Uncategorized, blogging, civility | 15 Comments »
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Texas Medical Marijuana Acquittal

Mark Bennett | March 27, 2008

From NewsLI.com (little known geographical fact: Texas is so big that Amarillo is actually closer to Long Island, New York than it is to Houston) comes this story about a successful marijuana defense by Jeff Blackburn:

A Texas patient who uses medical marijuana to treat the symptoms of HIV won acquittal on marijuana possession charges March [...]

Category: Uncategorized, marijuana, necessity | 13 Comments »
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