Defending People

the art and science of criminal defense trial lawyering

The Declaration of Independence

Mark Bennett | July 3, 2009

When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the [...]

Justice vs. The Law

Mark Bennett | June 27, 2009

Defending People reader “Ryan”, writing at Plain Error, the official blog of the Innocence Project of Florida, responds to my “Law and Justice Explained.” post:

As someone with the status just above armchair philosopher (disclosure: I will be attending graduate school for a PhD in philosophy in the fall), I have a few words on that [...]

Blogging on Chron.commons

Mark Bennett | June 7, 2009

In support of my local newspaper, I’ve started blogging on Chron.commons. My idea is to put posts of interest to the general public there, and posts of interest to the criminal defense bar here.
My first post on Chron.commons: Smoke. AND Mirrors.

Read Defending People on Your Kindle

Mark Bennett | May 14, 2009

Now available: this blog, delivered wirelessly to your Kindle!

Support Ovarian Cancer Research

Mark Bennett | April 27, 2009

Please, would you toss a few bucks to M.D. Anderson Hospital’s ovarian cancer research program on behalf of Ellen Alexander? Ellen is a U.S. District Court case manager and one of the world’s nicest humans; she’s joining U.S. Probation Officer Becky Pope in the Sprint for Life 5K Run & Walk.
Don’t worry if you [...]

A Couple of Questions on Torture

Mark Bennett | April 22, 2009

1. Israel can get by without torture. What’s wrong with us?
2. Isn’t “we will absolutely defend those who relied on these memos and those guidelines” too close to “they were just following orders” for comfort?
3. Pretending for the sake of argument that torture makes a country safer, would you rather live in greater safety in [...]

Why Someone Has to Go to Prison for Waterboarding

Mark Bennett | April 21, 2009

Suppose that your boss has a lawyer, and you go to that lawyer for advice. You want to do something on behalf of your boss, and you want to make sure you’re not going to get in trouble with the law for it. The lawyer — either because he’s a lousy lawyer or because he [...]

Easter Bunny Pwnd

Mark Bennett | April 13, 2009

Every Easter the Easter Bunny visits our house, leaving a trail of plastic eggs containing slips of paper. The slips of paper contain clues to the location of presents for the kids (Easter was never this big a deal when I was little).
This year the first egg, left in a prominent location, contained a clue [...]

Are You Gonna Make Me Beg?

Mark Bennett | April 9, 2009

Hawkins said all prosecutors were notified Jan. 28 there was “potentialBrady material,” meaning defendants and their lawyers must be told ofthe investigation into Wick if they make requests for evidencefavorable to their clients.
District Attorney Flags Officer’s DWI Cases, Houston Chronicle April 8, 2009.
Really? That’s what “Brady material” means, we have to be told if we [...]

It’s Not Just Cops

Mark Bennett | April 7, 2009

Until recently, my faith in the criminal system, particularly the judicial system, was unwavering. But what some members of the prosecution team did nearly destroyed my faith. Their conduct had consequences for me that they will never realize and can never be reversed.
-Sen. Ted Stevens.
Impunity + Badges = Abuse.