Defending People

the tao of criminal defense trial lawyering

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Mark Bennett | February 1, 2010

42 criminal defense blogs.

The Question: Seven Answers

Mark Bennett | January 8, 2010

Here is The Question: Why do you defend people who you know to be factually guilty?
The question is often phrased as “How . . .” or “How can you sleep at night when you . . .” but those demand smartass answers like “very well” or “on a pillowcase full of hundred-dollar bills.”
Typically, the laypeople [...]

Lizards Don’t Laugh.

Mark Bennett | November 30, 2009

Personal injury lawyer Paul Luvera has written about Applying Reptile Concepts in Trial—describing how plaintiffs’ lawyers should appeal to jurors’ reptile brains.
The reptile brain is the core of the human brain, sitting right at the top of the spine surrounded by the later-developing dog brain and ape brain. The reptile brain is a survival engine, [...]

Your Witness . . . No, Not Literally

Mark Bennett | November 10, 2009

After the shot across his bows, the Harris County DA fires a broadside at Judge Reagan Cartwright Helm, asking him to recuse himself from all cases involving accusations of domestic violence (Brian Rogers, Chronicle).
If Judge Helm recuses himself in response to these motions, or if Administrative Judge Olen Underwood recuses him, it might be [...]

I Wish I’d Said It

Mark Bennett | October 8, 2009

Believe it or not, sometimes criminal defendants have a serious lack of judgment, reason and/or common sense. Some even possess what might be considered a reckless disregard for what’s in their best interests. (Not my clients, mind you, but I’ve noticed that other criminal defense lawyers seem to represent people who are a mess.)
Todd Taylor, [...]

Blatant Shoutout to Three New Blogs

Mark Bennett | September 14, 2009

Mike at Crime and Federalism wrote back in July about How the Legal Blogosphere Has Changed:
The modern legal blogosphere sucks because it’s been overrun by legal marketers, and because people who might be able to engage in actually-interesting conversations are too busy sucking up to their e-friends and e-colleagues.
Mike’s been doing this a long time. [...]

Jury Selection: Simple Rule 1: The Nike Rule

Mark Bennett | July 31, 2009

Rule 1 of my Simple Rules for Better Jury Selection is the Nike Rule: Just do it.
It’s not a very sexy rule, so I won’t lead off with it when I’m speaking in Waco in September (I’ll probably put it at the end for the few faithful who stick around); I’ll give you Rule 2 [...]

Fifteen Books for Becoming a Better Criminal Defense Trial Lawyer

Mark Bennett | June 25, 2009

At Illinois and Missouri lawyer Evan Schaeffer’s Trial Practice Tips Weblog, Evan has a link to an Amazon list of 16 Books to Read if You Want to Become a Better Trial Lawyer by Dallas Government lawyer Shane Read. Shane’s list includes Gerry Spence’s How to Argue and Win Every Time, Posner’s How Judges Think, [...]

The Club

Mark Bennett | June 6, 2009

Gerry Spence spoke today at the end of the Texas Criminal Defense Lawyers Association’s annual Rusty Duncan Seminar. I could see why they put Gerry last—if he spoke first, most of the lawyers talking about lawyer stuff would seem largely irrelevant or quaintly unself-aware.
One speaker, for example, advocated telling jurors who gave “good” answers on [...]

From the Mailbag

Mark Bennett | January 28, 2009

From a Defending People reader’s description of his experience with the criminal justice system:
So, I got a good attorney. My bond was $5,000, and I was out for almost a year keeping my nose clean. Then he called me in and announced that he couldn’t do anything for me and that I was getting 20 [...]