Defending People

the tao of criminal defense trial lawyering

Writing Sample

Mark Bennett | January 8, 2009

Here (JDSupra) is a sentencing memorandum that I wrote for a man convicted of a federal crack cocaine conspiracy (this case). He had suffered a horrible childhood, and then lived a law-abiding life for about 25 years before
It did the trick, and it has received good reviews from those who have read it; I hope [...]

Love in the Air?

Mark Bennett | July 24, 2008

The smell of flowers fills the air in the elevator at the Harris County Criminal Justice Center. Is it love . . . or is it The Gruff Marshmallow bringing flowers to his number-three prosecutor for, in her first felony jury trial, convincing a jury to give the defendant a life sentence for DWI?
For something [...]

Why Let Juries Sentence?

Mark Bennett | November 22, 2007

When Texas legislator Scott Hochberg sought to ban probation for murder, he was able to get a bill passed preventing juries from recommending probation in murder cases. Judges can still, if prosecutors play along by agreeing not to have jury trials, put people on probation for murder.
If things had to change (there really was no [...]

Jury Sentencing in Texas

Mark Bennett | June 5, 2007

Gideon, following Doug Berman’s train of thought here, asks, Why don’t we have jury sentencing in non-capital criminal cases?
In Texas, we do have jury sentencing in non-capital cases. The accused can elect before trial to have the jury set punishment in the event of a conviction (and we get jury trials for everything). If the [...]