Defending People

the art and science of criminal defense trial lawyering

To My Republican Friends

Are you collectively really so brainwashed that you think it’s okay to advocate “empowering” judges by taking sentencing power away from juries in felony cases belongs in the same document (the Texas GOP 2008 Platform . . . the image ought to be a live link) as “Preserving American Freedom” and “Limiting the Expanse of Government Power”?

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I’m just askin’. . .


About The Author

Mark Bennett
Mark Bennett got his letter of marque from the Supreme Court of Texas in May 1995. He is famous for having no sense of humor when it comes to totalitarianism.

Comments

9 Responses to “To My Republican Friends”

  1. DL says:

    Hahaha! This is why I love Mark Bennet.

  2. AHCL says:

    Isn’t Texas only one of two states that still has jury sentencing? As usual, I think Texas is one of the few states that still gets it right.

    I was raised as a Republican and I still have to beat my head against the wall at how much they do to destroy themselves in PR realm.

  3. Mark Bennett says:

    There are apparently several states that allow the jury to sentence in a felony case. (Here is a law review article on felony jury sentencing. According to the article, Arkansas, Kentucky, Missouri, Oklahoma, Texas, and Virginia allow juries to set punishment in felony cases.)

    Like another of my ex-Republican friends told Newsweek, “It’s hard being a member of the mean party.”

  4. Alien says:

    At least the Truth in Sentencing right above that will let the jury know just how long the judge is gonna stick it to the defendant. I wonder if that Truth in Sentencing applies before or after they have to say guilty or not guilty. Probably after.

  5. Ron in Houston says:

    Well, It’s before 7 and I’ve already gotten an education today.

    I love the quote about being a member of a mean party. That’s priceless.

  6. Mark's Dad says:

    It strikes me that asking your “friends” if they are collectively brainwashed is notably unfriendly.

    But since you asked, I’ll answer that my Republican friends tend to agree with you that transferring power from juries to judges is inconsistent with “Preserving American Freedom” and “Limiting the Expanse of Government Power.”

  7. Mark Bennett says:

    Sometimes friends need a good talking-to.

  8. Tony Vitz says:

    Sometimes, they aren’t really friends. Sometimes, they are prosecutors wearing a defense lawyer’s suit of clothes.

  9. Brendan Kelly says:

    Mark,

    I consider myself an ex-Republican…or perhaps a “Recovering Republican” as the GOP reminds me a great deal of the Officers and Crew of the Lusitania. I generally like what they are trying to do, and I like where they are trying to go. I find myself supporting their efforts, and hope they make it to their destination. That being said, their actions do not give me a whole lot of confidence in their ability to pull it off, and I have grave doubts that they actually will get to where they are trying to go.

    You are absolutely right, letting the Jury rather than the Judge sentence is the better idea, and more in line with preserving Freedom and Liberty. That’s why I find this suprising, as the GOP is generally more upset about “liberal Judges” than anything else. (Not that there are a lot of those left in Texas, but still that’s what get people all outraged, and that’s what the infobabes on Fox tended to scream about…back when I still watched Fox.) I can’t explain it, other than perhaps some party activist made it their pet cause, and forced it into the platform. You are right, it doesn’t really make sense.

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