Defending People

the tao of criminal defense trial lawyering

Brother Dave and Immanuel Kant

Mark Bennett | March 16, 2009

I first met “Brother Dave” when he was the case agent for an informant on a cocaine case I was trying. It was a state-court case, but the witness against my client had worked off a federal beef in part by making the case against my client, so Special Agent Brother Dave of the DEA [...]

Transcript of CharonQC’s John Kane Interview

Mark Bennett | January 30, 2009

English law blogger CharonQC interviewed U.S. Senior District Court Judge John Kane of Colorado a couple of days ago. Judge Kane had some interesting things to say about the war on drugs (as well as about civil procedure); I linked to the interview here.
With the permission of CharonQC, I’ve commissioned a transcript of the podcast. [...]

Listen to This Today

Mark Bennett | January 29, 2009

CharonQC’s podcast interview with U.S. District Judge John L. Kane of the District of Colorado. Judge Kane (not a fuzzy thinker) has some strong words against the “War on Drugs” and the politicians who have not yet caught on that the war on drugs has failed, cannot be won, and could never be won; and [...]

J’accuse

Mark Bennett | January 16, 2009

Momentum is building in Texas to reduce possession of less than a gram of cocaine from a state jail felony (six months to two years in state jail, day-for-day) to a class A misdemeanor (up to a year in county jail, with time off for good conduct); 16 of 22 Harris County felony court judges [...]

Want to Spend Less on Defense? Spend Less on Offense.

Mark Bennett | December 2, 2008

As a matter of constitutional law and legal ethics, quality representation for the poor is not negotiable. If the state doesn’t want to pay for indigent defense, it needs to prosecute fewer people (or at least fewer poor people).

Kansas Defenders (H/T Capital Defense Weekly).
The actual experts seem to agree on this one: the New York [...]

What if They Gave a WOD and Nobody Came?

Mark Bennett | November 21, 2008

The New York Times suggests a solution to the problem of insufficient funding for indigent defense:
With states struggling to come up with financing for schools and hospitals, we fear politicians are unlikely to argue for significantly more money for public defenders’ offices. To solve the immediate crisis, new sources of support would have to be [...]

Texas’s Medical Marijuana Bill

Mark Bennett | November 20, 2008

House Bill 164. Full text. I’d like to believe it has a chance of passing. Really, I would.

Share Your Opinion on the WoD

Mark Bennett | March 15, 2008

Via Dallas Criminal Defense Lawyer Robert Guest, the pro-War-on-Poor-People Drug Free America Foundation’s poll on whether drug use is a victimless crime. As Robert notes, 2/3 of the poll’s respondents agree or agree strongly.
I voted for “Strongly agree. What a user chooses to do themselves is no one’s business.” But three of the other choices [...]

Wire Writers Speak

Mark Bennett | March 11, 2008

AHCL’s post on the “war on drugs” and my response started with AHCL’s question on the overall message of The Wire with regard to that “war.” Was the message intended to be that the WoD is unwinnable but worth fighting? Or was it that the WoD is unwinnable and self-destructive?
Now (with a hat tip to [...]

The Wire

Mark Bennett | March 11, 2008

What we’ve been doing since the DEA was created 35 years ago has resulted in more drugs being available at lower costs. We can all agree that the “war on drugs” is an abject failure. Although one frustrated DEA agent suggested to me that what we need is Malaysian-style drug laws, most of us know [...]