Legal Research

"And The Trail Has Its Own Stern Code"

This post was written by Mark Bennett: "In the criminal courthouse, lawyers generally keep their word. Unlike our colleagues in the civil courthouse (which still smells of cat pee), we don't need Rule 11. We write things down not because we might otherwise change our mind, but because we might otherwise forget. If I tell an adversary that I'm going to do something, I do it; I expect the same from my adversaries.

A prosecutor who lies or doesn't keep his word will quickly (in a matter of minutes, thanks to the marvels of modern technology) develop a reputation for dishonesty in the criminal defense bar. (I suspect that the same is true of dishonest defense lawyers and the DA's Office.)

So what happens when one prosecutor says he'll do something, and another prosecutor in the same office blocks him from doing it?..."

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Source: Defending People, 1 April 2010. © 2010 Defending People, reproduced with permission of the author.

Full post as published by Stark County Law Library Blawg on April 06, 2010 (boomark / email).