Mark Bennett | January 20, 2009
A rookie lawyer mistake that I see even experienced lawyers on both sides of the criminal bar make is this: confusing “legally sufficient evidence” with “proof beyond a reasonable doubt”. The prosecutor points to a case saying that similar evidence was legally sufficient as proof that the accused will be convicted; the defense lawyer acquiesces [...]
Category: Law, criminal practice, jury instruction, jury trials |
1 Comment »
Tags: legal sufficiency
Mark Bennett | May 18, 2008
A Texas judge can give deferred-adjudication probation to a person pleading guilty unless:
(1) the defendant is charged with an offense:
(A) under Sections 49.04-49.08, Penal Code [DWI offenses]; or
(B) for which punishment may be increased under Section 481.134(c), (d), (e), or (f), Health and Safety Code [Drug-Free Zone], if it is shown that the defendant has [...]
Category: Law, Texas, probation |
2 Comments »
Tags: probation
Mark Bennett | April 4, 2008
Are you passionate about the law? Do you think the law is a beautiful thing? Do you adore it?
Not I.
The law is a street fight. It’s trench warfare. There’s nothing beautiful about it. It’s inelegant, messy and dangerous. Sometimes the right side loses. Often everyone loses.
Our justice system’s the worst possible — except for (to [...]
Category: Law, lawyers |
15 Comments »
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