Defending People

the tao of criminal defense trial lawyering

Probation vs. Prison

Mark Bennett | October 29, 2008

Probation / Prison
Productive member of society / Drain on society

Restitution / No restitution

Supervision of court / School for crime

2y probation + 2y prison = 4y in system / 2y prison = 2y

Conditions of probation / Robbers, rapists, murderers

For people who can live in society / For people who cannot live in society

Alcohol evaluation and treatment [...]

Another Odd Victory

Mark Bennett | July 16, 2008

Today a Harris County jury gave my 26-year-old client six years in prison for stealing $780,000 worth of material from his employer, 3M. The prosecutor’s last plea offer was 15 years. Six years is not the longest prison sentence I’ve ever considered a win, but it’s not the shortest.
We’ve filed a notice of appeal — [...]

Reconsidering General Deterrence

Mark Bennett | March 31, 2008

PJ wrote, in response to a comment of mine to The Only Viable Threat:

I will take exception to your claiming deterrence of others as a legitimate purpose of punishment. It ought to be considered unethical to harm people for the purpose of teaching other people something. For example, if a judge determines that, based on [...]

Jury No Longer Out.

Mark Bennett | November 15, 2007

Two guilty verdicts. An acquittal would have been a victory; a mistrial would have been a victory; probation would be a victory too. These two young men don’t need to go to prison. It’s tragic that the complainant lost his life. It sucks, it’s unjust, it’s unfair, and nothing this jury does can possibly make [...]

Objects of Punishment in Federal Court

Mark Bennett | July 16, 2007

The U.S. Congress, in its (ahem) wisdom, has specified the purposes of punishment in federal criminal cases:
(A) to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense;
(B) to afford adequate deterrence to criminal conduct;
(C) to protect the public from further crimes of the defendant; [...]