Defending People

the tao of criminal defense trial lawyering

More Truth About Fear

Mark Bennett | March 24, 2008

When I pointed yesterday to the fact that Kelly Siegler’s advice to other prosecutors to “make people afraid” it was intended to be a Sunday-afternoon placeholder until I had time to deal with Kelly’s admonishment in more depth.
Judge Caprice Cosper says that there are people whom we punish because we’re mad at them, and people [...]

Aimless Rambling

Mark Bennett | November 28, 2007

From Therapeutic Metaphors & Clinical Hypnosis, by David Puchol Esparza:

[Milton] Erickson told many stories and told them to a variety of clients. As he said of his treatment for a young, anorexic girl, “My treatment for Barbie was to tell her short stories, metaphors, suspenseful stories, intriguing stories, boring stories. I told her all kinds [...]

Trial Technologies Reading List 1

Mark Bennett | April 10, 2007

My explicit exploration of alternative trial technologies started, believe it or not, with “The Game: Penetrating the Secret Society of Pickup Artists” (Neil Strauss). Jennifer bought it for my dad, and it was such a well-packaged book (black leatherette binding with red ribbon page marker, like a Bible) that I read through it. Reading it, [...]

Other Trial Technologies

Mark Bennett | March 24, 2007

In case you couldn’t already tell . . . I’m fascinated by the things other fields have to teach us (criminal trial lawyers) about what we do. For example, theatre: Keith Johnstone’s books, Impro for Storytellers and Improvisation and the Theatre contain lots of nuggets of wisdom that my brain translates into ways of thinking [...]