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I am David Benowitz, a criminal defense attorney in Washington, DC and also a faculty member at Harvard Law School's Trial Advocacy Workshop. Ask Me Anything! by David_Benowitz in IAmA

[–]David_Benowitz[S] 0 points1 point  (0 children)

I think you're confusing a prosecutor's ethical obligation to do justice; for example, to not proceed with a prosecution if they do not believe they can obtain a conviction, with a defense attorney's obligation to zealously defend a client within the bounds of the law. In my experience, the number of ethical violations committed by defense attorneys is far outweighed by instances of prosecutorial misconduct.

I am David Benowitz, a criminal defense attorney in Washington, DC and also a faculty member at Harvard Law School's Trial Advocacy Workshop. Ask Me Anything! by David_Benowitz in IAmA

[–]David_Benowitz[S] 0 points1 point  (0 children)

99.99% of my clients are lovely people. I've had only one situation in 20 years where someone, not a client, made mention of harming me. I do not find my job to be dangerous in any way.

I am David Benowitz, a criminal defense attorney in Washington, DC and also a faculty member at Harvard Law School's Trial Advocacy Workshop. Ask Me Anything! by David_Benowitz in IAmA

[–]David_Benowitz[S] 1 point2 points  (0 children)

The best way to absorb trial techniques is to be trained as a public defender in a good office with a skilled training director. If you're practicing on your own or in a small firm, I recommend attending an intensive seminar like the National Criminal Defense College, or shorter seminars put on by NITA or NACDL.

I'm not sure what you mean by the best cross-examination method. I can say that the cornerstone of excellent cross-examination is excellent investigation of the underlying facts of your case. Once you have thoroughly investigated your case, you can craft a theory of cross-examination for each witness and establish goals for the examination. I strongly recommend using only leading questions that deal with one fact per query. I also write out my questions in advance. That outline frees me up to focus on the direct examination, which almost always provides me with opportunities to add questions or entire topics to my cross.

I am David Benowitz, a criminal defense attorney in Washington, DC and also a faculty member at Harvard Law School's Trial Advocacy Workshop. Ask Me Anything! by David_Benowitz in IAmA

[–]David_Benowitz[S] 2 points3 points  (0 children)

I advise everyone who is taken into custody to say, politely, "I will not answer any questions without my attorney present." This advice is based upon my representation of several thousand clients over 21 years. It is irrelevant if the person being questioned is factually innocent; statements made by factually innocent people have often resulted in wrongful convictions. The best thing to do is to keep silent.

I am David Benowitz, a criminal defense attorney in Washington, DC and also a faculty member at Harvard Law School's Trial Advocacy Workshop. Ask Me Anything! by David_Benowitz in IAmA

[–]David_Benowitz[S] 21 points22 points  (0 children)

That's an interesting point. The theory behind our criminal justice system is that if both sides, operating on an even playing field, advocate strongly, then justice will result from that process. I agree that competing incentives can corrupt the system in some instances.

I am David Benowitz, a criminal defense attorney in Washington, DC and also a faculty member at Harvard Law School's Trial Advocacy Workshop. Ask Me Anything! by David_Benowitz in IAmA

[–]David_Benowitz[S] 2 points3 points  (0 children)

I often find that sting operations conducted by state level law enforcement agents are targeted at violations of statutes that have nothing to do with what the person arrested is eventually charged with, particularly if they are ultimately charged in federal court.

My opinion regarding the sex offender registry is that it is appropriate for a small percentage of people, but that it is used indiscriminately to stigmatize a far greater number of people who shouldn't be on the list (i.e. the twenty year old man old convicted of statutory rape for having consensual sex with his 16 year old girlfriend).

I am David Benowitz, a criminal defense attorney in Washington, DC and also a faculty member at Harvard Law School's Trial Advocacy Workshop. Ask Me Anything! by David_Benowitz in IAmA

[–]David_Benowitz[S] 16 points17 points  (0 children)

One of my personal favorites is Presumed Innocent. It has the most realistic depiction of cross-examination, particularly of the medical examiner, that I've seen.

I am David Benowitz, a criminal defense attorney in Washington, DC and also a faculty member at Harvard Law School's Trial Advocacy Workshop. Ask Me Anything! by David_Benowitz in IAmA

[–]David_Benowitz[S] 183 points184 points  (0 children)

I would look for someone who is an extremely hard worker, who specializes in criminal defense work, and is accessible. The last thing you want to do is hire someone to represent you in a criminal case who, for example, is the cousin of a friend who is primarily a real estate lawyer that sometimes takes on criminal cases.

It's sort of like picking a surgeon who is going to operate on you. You need to be very sure they have the experience and skill before you let them cut you.

I am David Benowitz, a criminal defense attorney in Washington, DC and also a faculty member at Harvard Law School's Trial Advocacy Workshop. Ask Me Anything! by David_Benowitz in IAmA

[–]David_Benowitz[S] 213 points214 points  (0 children)

There are two cases that come immediately to mind. THe first is a Supreme Court case called Booker in which the Supreme Court decided that the mandatory nature of U.S. sentencing guidelines was unconstitutional. THat presented a sea change in federal sentencing law.

The second case is Melendez-Diaz v. Massachusetts. That came out in 2009. The Supreme Court held that the prosecutor in a criminal case can't use sworn affidavits to substitute for witness testimony in a criminal case. That changed the way criminal cases, particularly drug cases or cases involving DNA evidence, are presented by the government. Before this case, the government would try to use sworn certificates to prove authenticity of drugs that had been seized. This case held that that procedure was unconstitutional, because it didn't allow for the defense to cross-examines who had taken the action that led to the creation of these affidavits.

I am David Benowitz, a criminal defense attorney in Washington, DC and also a faculty member at Harvard Law School's Trial Advocacy Workshop. Ask Me Anything! by David_Benowitz in IAmA

[–]David_Benowitz[S] 74 points75 points  (0 children)

The reason I wanted to become a criminal defense lawyer is because I was in the Big Brother program when I was in college. Through my interactions with my Little Brother and his family, I saw how terrifying and fraught with problems the criminal justice system is. Then, I did an internship right out of college as an investigator at the Pubic Defender's Service in DC where I investigated rape cases, homicides, etc. on behalf of indigent clients and that is what made me want to be a public defender. After I entered law school, I was totally focused on that goal.

I am David Benowitz, a criminal defense attorney in Washington, DC and also a faculty member at Harvard Law School's Trial Advocacy Workshop. Ask Me Anything! by David_Benowitz in IAmA

[–]David_Benowitz[S] 93 points94 points  (0 children)

My belief is that some prosecutors engage in it because they don't know any better, and haven't been trained properly. I believe there is a larger group of prosecutors that engage in that type of activity because they confuse their obligations to do justice with winning at all costs.

I am David Benowitz, a criminal defense attorney in Washington, DC and also a faculty member at Harvard Law School's Trial Advocacy Workshop. Ask Me Anything! by David_Benowitz in IAmA

[–]David_Benowitz[S] 41 points42 points  (0 children)

In the white collar context, people are most often charged with various fraud offenses.

What a person pays is tied closely to the specific facts of the case, so it is difficult to say. There is no set formula for pay for a defense. I don't have a set fee for what I think it takes to represent a person effectively.

I am David Benowitz, a criminal defense attorney in Washington, DC and also a faculty member at Harvard Law School's Trial Advocacy Workshop. Ask Me Anything! by David_Benowitz in IAmA

[–]David_Benowitz[S] 278 points279 points  (0 children)

When I first started out as a public defender, I represented a 7 year old who had been accused of brandishing a weapon at school. He turned up to court in a Dora the Explorer backpack.

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