Comments on: Unexpected Happy Endings http://bennettandbennett.com/blog/2008/10/unexpected-happy-endings.html the tao of criminal defense trial lawyering Sun, 21 Mar 2010 02:16:46 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: sctexas http://bennettandbennett.com/blog/2008/10/unexpected-happy-endings.html/comment-page-1#comment-5102 sctexas Mon, 06 Oct 2008 11:30:03 +0000 http://bennettandbennett.com/blog/2008/10/unexpected-happy-endings.html#comment-5102 "Too many prosecutors get away with a plea instead of a jury trial. Everyone scares the defendant about the possibility of losing and ending up in prison for years, so the state rarely has to prove guilt any more. The hapless defendant is literally coerced and intimidated into bearing false witness against himself." Seriously? A defendant damn sure should be scared of ending up in prison for years. The defendant most likely would not be "hapless" if he hadn't put himself in that position. Why should the state have to prove guilt if the defendant is willing to admit that he's guilty? “Too many prosecutors get away with a plea instead of a jury trial. Everyone scares the defendant about the possibility of losing and ending up in prison for years, so the state rarely has to prove guilt any more. The hapless defendant is literally coerced and intimidated into bearing false witness against himself.”

Seriously? A defendant damn sure should be scared of ending up in prison for years. The defendant most likely would not be “hapless” if he hadn’t put himself in that position. Why should the state have to prove guilt if the defendant is willing to admit that he’s guilty?

]]> By: Mark Bennett http://bennettandbennett.com/blog/2008/10/unexpected-happy-endings.html/comment-page-1#comment-5090 Mark Bennett Sun, 05 Oct 2008 17:41:22 +0000 http://bennettandbennett.com/blog/2008/10/unexpected-happy-endings.html#comment-5090 Mary, if the charge had been something other than DUI, we would have had a better chance of making the deal rather than going to trial. But Harris County prosecutors' hands are unduly tied in DUI cases. We don't have a state-court PD's office in Harris County. So my experience with PDs is mostly with the Federal PD's Office here and in other federal districts. Those PDs do in fact win; they are among the best and the brightest, well-paid and insulated from trial court interference. In state court we have an ad hoc appointment system for indigent defense. Quality of appointed lawyers, like quality of hired lawyers, varies wildly. The best appointed lawyers are the equal of the best hired lawyers. If I could change one thing about the system, I would take away the courts' ability to decide who got appointed to represent whom. John, thanks. When I'm not in trial, I make up for the late hours with a relaxed schedule. Mary, if the charge had been something other than DUI, we would have had a better chance of making the deal rather than going to trial. But Harris County prosecutors’ hands are unduly tied in DUI cases.

We don’t have a state-court PD’s office in Harris County. So my experience with PDs is mostly with the Federal PD’s Office here and in other federal districts. Those PDs do in fact win; they are among the best and the brightest, well-paid and insulated from trial court interference.

In state court we have an ad hoc appointment system for indigent defense. Quality of appointed lawyers, like quality of hired lawyers, varies wildly. The best appointed lawyers are the equal of the best hired lawyers. If I could change one thing about the system, I would take away the courts’ ability to decide who got appointed to represent whom.

John, thanks. When I’m not in trial, I make up for the late hours with a relaxed schedule.

]]> By: john gibson http://bennettandbennett.com/blog/2008/10/unexpected-happy-endings.html/comment-page-1#comment-5087 john gibson Sun, 05 Oct 2008 15:01:55 +0000 http://bennettandbennett.com/blog/2008/10/unexpected-happy-endings.html#comment-5087 well done, I'm impressed by the late hours you put in when in court. Regards John Gibson well done, I’m impressed by the late hours you put in when in court.
Regards John Gibson

]]> By: Mary Mayer http://bennettandbennett.com/blog/2008/10/unexpected-happy-endings.html/comment-page-1#comment-5080 Mary Mayer Sun, 05 Oct 2008 01:26:21 +0000 http://bennettandbennett.com/blog/2008/10/unexpected-happy-endings.html#comment-5080 Congratulations! Too many prosecutors get away with a plea instead of a jury trial. Everyone scares the defendant about the possibility of losing and ending up in prison for years, so the state rarely has to prove guilt any more. The hapless defendant is literally coerced and intimidated into bearing false witness against himself. I'm guessing you're not a public defender. Do public defenders ever win? Congratulations! Too many prosecutors get away with a plea instead of a jury trial. Everyone scares the defendant about the possibility of losing and ending up in prison for years, so the state rarely has to prove guilt any more. The hapless defendant is literally coerced and intimidated into bearing false witness against himself.

I’m guessing you’re not a public defender. Do public defenders ever win?

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