Tag: philosophy

  • Former Prosecutors III — A Specific Case

    I’ve written before, here, here, and here, as well as here, about former prosecutors taking criminal cases. So when I read Rick Casey’s column in this morning’s Chronicle, Who I’ll Hire if I’m Caught, in which he explained why he would hire Kelly Siegler to defend him against criminal charges — because “if she can […]

  • Justice?

    Gideon wrote: Maybe I’m naive, but I thought it – what we do, this side and the other – was about justice. Righting wrongs. Then why, for some, is it about winning and losing? What this side does is different than what the other side does. The other side has (but of course doesn’t always […]

  • I’m Back

    Bennett & Bennett are back from seven days in Paris. A few of the things the French do exceedingly well: Food and drink. Subterranean transport. Historic preservation. Clothing. Something the French do less well: Technology. While the hotel at which we stayed in the 7th Arrondissement provided, in theory, a high-speed internet connection, that mostly-theoretical […]

  • Game Over, Dude

    Over at Simple Justice Scott addresses Other Steve’s question of whether he should be a criminal-defense lawyer. Scott’s a steely-eyed realist; he doesn’t share the popular delusion that our criminal justice system is a great system; no, the system sucks. And criminal-defense lawyers aren’t likely to strike it rich. But still: We write about fighting […]

  • Chapter 4, the Tao of Criminal Defense Trial Lawyering

    I haven’t posted in a few days because I went from having family in town and celebrating my son’s fourth birthday, to preparing for a resisting arrest trial, to installing Leopard. What better way to get back into the flow than another exploration of the Tao? Here’s Chapter 4; as usual, I’m using the Mitchell […]

  • Brits Discover Neurolaw, Rediscover Hume

    Courtesy of CharonQC, this Times Online column by Raymond Tallis of “observations” about neurolaw and the inclination to blame someone’s brain for his behavior. Tallis’s observations are in response to Simon Myerson, QC’s column from yesterday’s Times Online (Simon’s blog). Professor Tallis observes: The brain is usually blamed for actions that attract moral disapprobation or […]

  • Wrong, Wrong, and . . . RIght?

    Young Shawn Matlock, Ft. Worth criminal-defense lawyer, writes here about his “conservative” (in American politics, code for “in favor of big government unless it gores my ox”) political views. Not to pick on Shawn, but here are some highlights of his goodnatured post: Do I think, in general, Bennett’s person convicted of trafficking 400 grams […]

  • Objects of Punishment in Federal Court

    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 […]

  • The Abandonment of American Ideals

    (I promised, on reading SHG’s 231 Years and Still Trying, to write about the nature of freedom, the power of fear, and the abandonment of American Ideals. This is the first post in the series, though it covers the third topic.) When I was growing up, my dad worked for the CIA. I was curious […]

  • If Illegal ? Wrong, What Does “Wrong” Mean?

    Adam wrote, in response to this post: I’m willing to accept that the protesters actions (or any action for that matter) are wrong, but not on the basis of such a bald statement as the “protesters’ acts are legal, but wrong.” Wrong because you say so? Wrong because a vast majority of society disapproves of […]