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22 Aug 2012, 4:38 pm by Mark Bennett
Fortunately for the government, procedures are being put into place for dealing “civilly” with those deemed antisocial: once a conviction for which the sentence is allowed to trigger civil commitment, a principle is in place allowing other government-condemned behavior to do so as well. [read post]
19 Mar 2011, 8:48 am by Mark Bennett
Here are a few ideas I’ve had for subjects that our criminal-defense skunkworks could inquire into: Facial emotion recognition as a tool in trial (see Unmasking the Face: A Guide to Recognizing Emotions From Facial Expressions); Turning the tables: criminal-interrogation techniques in cross examination (see Criminal Interrogation And Confessions); Applying the lessons of aikido to trial (see Aikido and the Dynamic Sphere: An Illustrated Introduction); Mitigation experts in non-capital cases. … [read post]
24 Oct 2011, 5:28 pm by Mark Bennett
The criminal-defense lawyer’s Christmas that started last week with a grand jury going rogue and evicting the prosecutors while investigating possible wrongdoing in connection with HPD’s Breath Alcohol Testing, or BAT, vans, continues today with Pat Lykos giving the Houston Police Department a vote of no confidence: Lykos tells us she still doesn’t know what went wrong inside that grand jury room last week that nearly led to the arrest of two of her top assistants, despite the fact… [read post]
3 Dec 2011, 8:57 am by Mark Bennett
Last Tuesday six police unions announced a vote of no confidence in Harris County DA Pat Lykos. [read post]
5 Oct 2012, 4:08 pm by Mark Bennett
This is my talk on jury selection—the law, the science, and the practice—from the State Bar of Texas Advanced Criminal Law Course in San Antonio in July 2012. [read post]
9 Jun 2012, 5:27 am by Mark Bennett
Joseph Welch lambastes Senator Joseph McCarthy: “Little did I dream you could be so reckless and so cruel…. your forgiveness will have to come from someone other than me.” Copyright © 2010 Mark Bennett. [read post]
15 Jan 2011, 7:44 pm by Mark Bennett
More on my series of posts about the proposed amendments to the Disciplinary Rules, and specifically the State Bar’s efforts to do away with flat fees in Question A of the referendum … The State Bar’s theory appears to be that there exists a dichotomy: a fee is either “earned” or “refundable,” so that if there is any possibility that a portion of a fee will have to be refunded, that portion is not earned. [read post]
1 Feb 2012, 6:51 pm by Mark Bennett
It started with a couple of sentences on Houston criminal-defense firm Stradley Chernoff & Alford’s website: The jail personnel, especially in Harris County, seem to take a perverse pleasure in making the jail visit as unpleasant as possible. [read post]
3 May 2012, 3:19 pm by Mark Bennett
In which Todd Dupont, Franklin Bynum and I discuss METRO VIPRgate and have way too much fun: Copyright © 2010 Mark Bennett. [read post]
6 Jul 2010, 12:01 pm by Mark Bennett
But I also recognize that my life experience is different from that of most African-Americans. [read post]
1 Oct 2010, 7:12 am by Mark Bennett
DA will look into Cy-Fair student’s suicide (Peggy O’Hare, Houston Chronicle): Harris County District Attorney Pat Lykos said her office will investigate what led to the suicide of a 13-year-old Cypresswood-area boy whose parents said he suffered two years of intense bullying from other students at school. . [read post]
28 May 2010, 9:23 pm by Mark Bennett
For some reason, it happens in May: criminal defense lawyers' fancies turn to . . . getting paid. [read post]
22 Jun 2010, 8:41 pm by Mark Bennett
Some numbers, perhaps of interest to nobody but me: Panel average -0.15 Struck for cause average 0 Struck by defense average -0.02 Jurors sworn average -0.20 Struck by State average -0.69 Numbers are a measure of authoritarianism/egalitarianism based on scaled answers to eight questions, chosen unscientifically—according to how interesting they were to me. [read post]
25 Jul 2010, 10:22 am by Mark Bennett
From the mailbag: Apparently because she wanted me to comment on it, someone named Leslie Brodie (“religious leader in the community“) sent me a copy of a grievance she filed against California Supreme Court Justice Marvin Baxter. [read post]
13 Apr 2012, 8:12 am by Mark Bennett
When two of his prosecutors got caught hiding Brady Material, Oklahoma County DA David Prater issued a press release, reading in part: I recognize that this is not a one-time occurrence. [read post]