Defense Counsel Quotes

To be an effective criminal defense counsel, an attorney must be prepared to be demanding, outrageous, irreverent, blasphemous, a rogue, a renegade, and a hated, isolated, and lonely person - few love a spokesman for the despised and the damned.

Since I was a law student, I have been against the death penalty. It does not deter. It is severely discriminatory against minorities, especially since they're given no competent legal counsel defense in many cases. It's a system that has to be perfect. You cannot execute one innocent person. No system is perfect. And to top it off, for those of you who are interested in the economics it, it costs more to pursue a capital case toward execution than it does to have full life imprisonment without parole

In the main, it counsels yielding to celibacy, which is exactly as sensible as advising a dog to forget its fleas.

Seemingly by design, the American legal system encourages defense counsel to be as mendacious as possible. As Monroe Freedman, a legal ethicist and former dean of Hofstra Law School, has written, “The attorney is obligated to attack, if he can, the reliability or credibility of an opposing witness whom he knows to be truthful.” It’s an essential component of our adversarial system of justice, based on the theory that justice is best achieved not through a third-party investigation directed by an impartial judge but, instead, through vigorous disputation by the interested parties: trial by verbal combat. The

Years ago when I served as a missionary, we had a visit from Dr. James E. Talmage of the Council of the Twelve--a great student, a great teacher, great theologian, and a great prophet.. Here we sat at his feet every idle minute that we could find and plied him with questions and listened to his counsel. On one occasion he said to us, "I want to tell you missionaries something. The day of sacrifice is not past! The time will come, yet, when many Saints and even Apostles will yet lose their lives in defense of the truth!

There is no other way to put it: Our country is now faced with the problem of a lawless White House which addresses itself to every new dilemma or check on its power with the belief that following the rules is optional, and that breaking them comes at minimal, if not zero, cost. Sadly, though wrong-headed, this belief has been continually reinforced by the many institutions that have opted not to prove to the president, through their legitimate powers of oversight, that he is, in fact, not above the law; and specifically by an Attorney General and White House counsel who think of themselves as defense attorneys representing the personal interest of the president, rather than as public officials who represent the interest of the presidency and serve the public.

Why was his conduct with respect to the hydrogen bomb program disturbing? Oppenheimer had opposed a crash program to develop a hydrogen bomb, but so had seven other members of the GAC; and they all had explained their reasons clearly. What Gray and Morgan were actually saying was that they opposed Oppenheimer’s judgments and they did not want his views represented in the counsels of government. Oppenheimer wanted to corral and perhaps even reverse the nuclear arms race. He wanted to encourage an open democratic debate on whether the United States should adopt genocide as its primary defense strategy. Apparently, Gray and Morgan considered these sentiments unacceptable in 1954. More, they were asserting in effect that it was not legitimate, not permissible, for a scientist to express strong disagreement on matters of military policy.

The acquittal of Clinton, and the forgiving by implication of his abuses of public power and private resources, has placed future crooked presidents in a strong position. They will no longer be troubled by the independent counsel statute. They will, if they are fortunate, be able to employ “the popularity defense” that was rehearsed by Ronald Reagan and brought to a dull polish by Clinton. They will be able to resort to “the privacy defense” also, especially if they are inventive enough to include, among their abuses, the abuse of the opposite sex. And they will only be impeachable by their own congressional supporters, since criticism from across the aisle will be automatically subjected to reverse impeachment as “partisan.” This is the tawdry legacy of a sub-Camelot court, where unchecked greed, thuggery, and egotism were allowed to operate just above the law, and well beneath contempt.

New Rule: Democrats must get in touch with their inner asshole. I refer to the case of Van Jones, the man the Obama administration hired to find jobs for Americans in the new green industries. Seems like a smart thing to do in a recession, but Van Jones got fired because he got caught on tape saying Republicans are assholes. And they call it news! Now, I know I'm supposed to be all reinjected with yes-we-can-fever after the big health-care speech, and it was a great speech--when Black Elvis gets jiggy with his teleprompter, there is none better. But here's the thing: Muhammad Ali also had a way with words, but it helped enormously that he could also punch guys in the face. It bothers me that Obama didn't say a word in defense of Jones and basically fired him when Glenn Beck told him to. Just like dropped "end-of-life counseling" from health-care reform because Sarah Palin said it meant "death panels" on her Facebook page. Crazy morons make up things for Obama to do, and he does it. Same thing with the speech to schools this week, where the president attempted merely to tell children to work hard and wash their hands, and Cracker Nation reacted as if he was trying to hire the Black Panthers to hand out grenades in homeroom. Of course, the White House immediately capitulated. "No students will be forced to view the speech" a White House spokesperson assured a panicked nation. Isn't that like admitting that the president might be doing something unseemly? What a bunch of cowards. If the White House had any balls, they'd say, "He's giving a speech on the importance of staying in school, and if you jackasses don't show it to every damn kid, we're cutting off your federal education funding tomorrow." The Democrats just never learn: Americans don't really care which side of an issue you're on as long as you don't act like pussies When Van Jones called the Republicans assholes, he was paying them a compliment. He was talking about how they can get things done even when they're in the minority, as opposed to the Democrats , who can't seem to get anything done even when they control both houses of Congress, the presidency, and Bruce Springsteen. I love Obama's civility, his desire to work with his enemies; it's positively Christlike. In college, he was probably the guy at the dorm parties who made sure the stoners shared their pot with the jocks. But we don't need that guy now. We need an asshole. Mr. President, there are some people who are never going to like you. That's why they voted for the old guy and Carrie's mom. You're not going to win them over. Stand up for the seventy percent of Americans who aren't crazy. And speaking of that seventy percent, when are we going to actually show up in all this? Tomorrow Glenn Beck's army of zombie retirees descending on Washington. It's the Million Moron March, although they won't get a million, of course, because many will be confused and drive to Washington state--but they will make news. Because people who take to the streets always do. They're at the town hall screaming at the congressman; we're on the couch screaming at the TV. Especially in this age of Twitters and blogs and Snuggies, it's a statement to just leave the house. But leave the house we must, because this is our last best shot for a long time to get the sort of serious health-care reform that would make the United States the envy of several African nations.

Approximately 80 percent of criminal defendants are indigent and thus unable to hire a lawyer. Yet our nation's public defender system is woefully inadequate. The most visible sign of the failed system is the astonishingly large caseloads public defenders routinely carry, making it impossible for them to provide meaningful representations to their clients. Sometimes defenders have well over one hundred clients at a time; many of these clients are facing decades behind bars or life imprisonment. Too often the quality of court-appointed counsel is poor because the miserable working conditions and low pay discourage good attorneys from participating in the system. And some states deny representation to impoverished defendants on the theory that somehow they should be able to pay for a lawyer, even thought they are scarcely able to pay for food or rent. In Virginia, for examples, fees paid to court-appointed attorneys for representing someone charged with a felony that carried a sentence of less than twenty years are capped at $428. And in Wisconsin, more than 11,000 poor people go to court without representation each year because anyone who earns more than $3,000 per year is considered able to afford a lawyer. In Lake Charles, Louisiana, the public defender office has only two investigators for the 2,500 felony cases and 4,000 misdemeanor cases assigned to the office each year. The NAACP Legal Defense Fund and the Southern Center for Human Rights in Atlanta sued the city of Gulfport, Mississippi, alleging that the city operated a 'modern day debtor's prison' by jailing poor people who are unable to pay their fines and denying them the right to lawyers.

IT’S ONLY SOUND Let me ask you an honest question. Is your music subject to God’s approval? If you discovered that He desired for you to listen to a different kind of music, would you obey willingly and gladly? Or would you resist and cling to “what you like”? Recently in a counseling session, I was speaking with a teenage young man about the power of music. After some thought about how strongly his music was holding on to his heart, he lifted his head, sort of chuckled and said, “It’s kind of strange when you really think about it…it’s only music…it’s only sound.” Oh, but how powerful that sound is! Just try to take away or suggest danger in the favorite CD or the favorite CCM group of a supposedly “surrendered” Christian. You’ll get everything from rage to ridicule—real fruits of the Spirit—all qualities that are produced by just such “good, godly music.” I’m being intentionally sarcastic to cause you to think. If pop-styled Christian music is so spiritually effective, why aren’t we having revival? Why isn’t it producing more holy, more separated, more godly individuals? Why are young people leaving Christianity in record numbers? Why do we have to have the world’s music? Should music really be such a stronghold in the Christian heart or in the local church? Should such self-absorption be the guiding force of our choices in entertainment? Should we view our music as entertainment at all? Does God really like “all kinds” of music? Music has a much higher purpose than our pleasure. Reducing music to mere entertainment would be something like asking a brain surgeon to roast marshmallows for a living. No, music is much too powerful and spiritually significant to reduce it to a petty place of pleasure. First Corinthians 10:14 admonishes us, “Wherefore, my dearly beloved, flee from idolatry.” Again in Colossians 3:5 we’re told to, “Mortify therefore your members which are upon the earth; fornication, uncleanness, inordinate affection, evil concupiscence, and covetousness, which is idolatry.” God commands us to “mortify” or “put to death” our “members.” Anything less than full surrender of our bodies (including our ears) to God is a subtle form of idolatry. Is music an idol in your life? Is it a stronghold? Are you addicted to your style, your group, your sound? Do you find yourself putting up a wall of defense in your heart, even as you read these words? Is your primary concern that it “makes you feel good” or that you listen to “what you like”? Think about it. It’s only sound.

Straining to appear judicial, he turned toward the jury box. “The jurors shall disregard the last… uh… colloquy between the witness and defense counsel.” Might as well ask the residents of Pompeii to ignore the volcano.

After the Accuser trumpeted his philosophical dilemma of an unloving or unjust God, Enoch was about to respond when the entrance of another counselor to his team interrupted him. He came from the right hand of the throne of the Ancient of Days and whispered to Enoch. The hairs of his head were white, like white wool, like snow. His eyes were like a flame of fire, his feet were like burnished bronze, refined in a furnace, and his voice was like the roar of many waters. But when he whispered, it was a still small voice heard only by his listener. It was the Son of Man, the “second power in heaven.” The first one he spoke to was Uriel. The Son of Man whispered something to him and Uriel immediately excused himself from the throne room. Then the Son of Man walked to Enoch and gave him counsel. Enoch could see the Accuser visibly shaken by the presence of this glorious being. It was as if he knew his case was instantly lost. Enoch had seen this “Son of Man” in his dreams when he was on earth, but after ascending into heaven, he came to know him. There he learned that this Son of Man was also a Son of Elohim, but not like all the other heavenly host. He was the Firstborn, a species-unique, uncreated Son of God. And now, he had joined the defense. Everything would change. After receiving counsel, Enoch spoke, “There is a third way, not addressed by the Accuser’s dilemma. And that is substitutionary atonement.

The Son of Man leaned close, giving more counsel to Enoch It amounted to revealing the mystery of good news that would be hidden for ages until the end of days. This secret held the answer to the Accuser’s charge. Enoch then realized that the Accuser’s final trick was more than rhetoric, he was trying to force Yahweh Elohim’s hand to reveal the mystery. So that is what this was all about, he thought. The Watchers and all their principalities and powers in the heavenly places were trying to use a legal maneuver to draw out Yahweh Elohim’s secret in order to defend himself. If this secret were unveiled, they hoped to have the means by which they could defeat the Seed of Eve. This Accuser is cunning indeed. Enoch stood at the bar. He knew this would require the utmost of his highest apkallu skills. How to answer the Accuser’s charge without revealing the mystery of ages before its time. He spoke with a measured tempo, “Sin came into the world through one man. Death came through sin. So death spread to all men because all sinned. Death reigns from Adam unto this very day, even over those whose sinning was not like the transgression of Adam, because Adam is the federal representative head of the human race. Just as all the inhabitants of the city of Erech would suffer for the illegal actions of its representative head of state,” Enoch stared accusingly at Semjaza, “or benefit from the righteousness of that federal head. So the blessings and curses of the progenitor of the human race would be attributed to those whom he represents. It is the nature of authority and representation used even by those who seek to discredit it in this courtroom. If the Accuser does not like that, then he will have to file another injunction against all the blessings received by the human race as well. The defense rests its case.” Enoch sat back down to await the summary judgment before the throne of the Almighty Judge of the universe.

In 1320, in Avignon, France, the Church had proceedings against the larvae of cockchafers, or melolonthine scarabs, which were damaging food crops. Before the trial, priests visited the area to summon the larvae to appear before the Bishop on pain of excommunication, advising the grubs of their right to counsel. Meanwhile, an advocate was designated whose defense of his clients—when they failed to appear—was that as creatures of God they had a right to eat. Moreover, their absence at the trial was due to their not being guaranteed safe passage. The judges disagreed and resolved that the larvae not only had to quit ravaging crops but leave the farming area entirely. Larvae who failed to comply would be killed. (In another medieval trial, offending larvae were excommunicated first.)

agent. My testimony would have been automatically suspect, even years later. I would have been a defense counsel’s wet dream. As in, Special Agent, please tell us about the bribe you can’t prove you didn’t take. So I would have joined

When defense counsel makes a motion for entrapment, the burden then shifts to them to prove by a preponderance of the evidence that entrapment did in fact occur.

The thing is, there’s generally no consequence for bad police behavior, even repeated or serially bad behavior. Even if individual officers are successfully sued, the only thing that happens is that the city’s corporation counsel pays out some cash, and life just goes on as before. An officer’s record of complaints or settlements isn’t listed publicly. A defense lawyer who wants to find out if the officer who arrested his client has ever, say, bounced an old lady’s head off a sidewalk or lied to a judge about witnessing a drug sale has to meet an extraordinary legal standard to get access to that info. In order to look at an officer’s record, you have to file what’s called a “Gissendanner motion,” the term referring to a 1979 case, People v. Gissendanner. In that case, a woman in the Rochester suburb of Irondequoit was busted in a sting cocaine sale by a pair of undercover police. The court in that case held that the defendant isn’t entitled to subpoena the records of arresting officers willy-nilly, but that you needed a “factual predicate” to look for records of, say, excessive force or entrapment. In other words, you already need to know what you’re looking for before you find it. What this all boils down to is, if you really feel like it, you can definitely sue the New York City Police Department. Since so much of what they do happens on the street, in front of witnesses, you might very well even win. But even if you win, there’s not necessarily any consequence. The corporation counsel’s office doesn’t call up senior police officials after lawsuits and say, “Hey, you’ve got to get rid of these three meatheads in the Seventy-Eighth Precinct we keep paying out settlements for.” In fact, when there are successful lawsuits, individual officers typically aren’t even informed of it. What makes this so luridly fascinating is that this system is the exact inverse of the no-jail, all-settlement system of justice that governs too-big-to-fail companies like HSBC. Big banks get caught committing crimes, at worst they pay a big fine. Instead of going to jail, a check gets written, and it comes out of the pockets of shareholders, not the individuals responsible. Here it’s the same thing. Police make bad arrests, a settlement comes out of the taxpayer’s pocket, but the officer himself never even hears about it. He doesn’t have to pay a dime. And life goes on as before.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense. - Sixth Amendment, United States Constitution

The implicit remedy for this one-sidedness, and the route that would be mapped out in the Treason Trials Act of 1696, was two-sidedness. The preamble to the Act would trumpet the principle of equalizing the defense, a principle that the Act would implement most fundamentally by allowing the defendant to have access to counsel both in the pretrial and at trial. Persons accused of treason would be allowed to defend themselves in the way the state prosecuted them, with lawyers. The accused would be allowed the help of lawyers to prepare defensive evidence in the pretrial, to examine defense witnesses and cross-examine prosecution witnesses, and to serve as advocates at trial.

Subletting may create a different problem for the tenant who sublets. Under some [rent control] ordinances, a tenant who sublets for a fixed term (e.g., a 3-month vacation) may not be able to evict the subtenant at the end of the subletting. This situation would arise if only persons with a specified record interest in the property have a right to evict for owner occupancy. The tenant (the seblessor) would not be able to evict the subtenant to reoccupy the premises, because the seblessor is defined as a "landlord" in the ordinance but not as an "owner." (If there is no other cause to evict, the owner-landlord could not evict the subtenant unless he or she planned to occupy the unit.) Counsel representing a subtenant should review the local ordinance to ascertain whether it defines a tenant as the "landlord" of the subtenant or if the definition of "tenant" includes any "subtenant." If so, the subtenant would have all the rights of a tenant under the ordinance. At least one ordinance specifically addresses this problem by providing that any landlord (not just an owner) may evict to recover possession for his or her own occupancy "as a principal residence" if the landlord previously occupied the unit and reserved the right to recover possession under the rental agreement. See Berkeley Mun[icipal] C[ode] §§13.76.040, 13.76.130. See also SF Rent Bd Rules & Regs §6.15C(1), discussed in §17.5. (In San Francisco, a well-informed tenant who is subletting will expressly reserve continued exclusive "possession" of some limited space so that the tenant can immediately enter on returning to the premises. Then, if necessary, and with proper compliance with the regulations, the tenant can evict the subtenant without cause.) It is unclear whether the Berkeley ordinance prohibits a landlord from evicting an unapproved subtenant and recovering possession, especially in light of the Costa-Hawkins Act (see §§17.1A–17.1G). If the landlord may not, then apparently the tenant who sublets may not object to further subletting by the subtenant. Such further subletting might, however, bar the tenant's right to recover possession. Berkeley Mun C §13.76.130 specifies that the right to recover occupancy must be in "an existing rental agreement with the current tenants." (Emphasis added.) A tenant who takes in a roommate by subletting must be distinguished from one who takes in a roommate with the landlord's consent, i.e., a cotenant. The roommate becomes a tenant of the landlord rather than a subtenant of the original tenant. In this situation, the original tenant has no right to evict the roommate. Only the landlord may evict and must have just cause [as defined by the ordinance] to do so if the roommate is found to be a tenant under the local eviction control ordinance.

His detention prevents his working, and thereby sentences his dependents to poverty and the relief rolls. Unable to produce funds, he cannot hire the counsel of his choice.… Lacking income, he cannot accumulate funds to purchase his freedom. Without freedom he cannot seek out witnesses or other evidence for his defense… and if the defendant loses his job before trial, he loses with it perhaps his best argument, if convicted, for a suspended sentence.

Primary Skills Athletics: 1 Defense: 1 Armor: 0 Stealth: 1 Balance: 0 Perception: 1 Lore: 1 Survivalcraft: 0 Remedies: 0 Craft: 1 Insight: 1 Deception: 0 Persuasion: 0 Barter: 0 Counseling: 0

According to Julian Ramirez, his youngest son was in El Paso for the communion party of Ruth’s daughter Gloria during the time he was supposed to have attacked Mrs. Bell, Nettie Lang, and Carol Kyle. Julian told Daniel over the phone he would be willing to come up to Los Angeles, take the stand, and swear on a stack of Bibles it was true. Julian insisted he had a picture with Richard, himself, Mercedes, and his granddaughter in her communion dress standing in the front yard of the Hacienda Heights house. When Daniel and Ray Clark went to the jail to tell Richard of his father’s willingness to help, and about the photographs, Richard threw a fit, saying he didn’t want to put his father through that. He yelled and screamed in a temper tantrum. Ruth came up to Los Angeles with Joseph and they tried to convince Richard to put up a fight, but Richard yelled and screamed at them, too. Ruth begged him, but he stayed adamant and unmoving. “There will be no defense!” he said. Monday morning Ray Clark, with large circles from stress under his eyes, asked Judge Tynan for an ex parte meeting in the judge’s chambers with defense counsel and the defendant. Halpin objected, saying at this juncture the prosecution had the right to be privy to all proceedings. Tynan disagreed and moved the proceedings to his chambers, minus the prosecutor.

Most active-minded practitioners would prefer to venture into wider channels. Their natural hunting grounds would be the entire field of securities that they felt (a) were certainly not overvalued by conservative measures, and (b) appeared decidedly more attractive—because of their prospects or past record, or both—than the average common stock. In such choices they would do well to apply various tests of quality and price-reasonableness along the lines we have proposed for the defensive investor. But they should be less inflexible, permitting a considerable plus in one factor to offset a small black mark in another. For example, he might not rule out a company which had shown a deficit in a year such as 1970, if large average earnings and other important attributes made the stock look cheap. The enterprising investor may confine his choice to industries and companies about which he holds an optimistic view, but we counsel strongly against paying a high price for a stock (in relation to earnings and assets) because of such enthusiasm. If he followed our philosophy in this field he would more likely be the buyer of important cyclical enterprises—such as steel shares perhaps—when the current situation is unfavorable, the near-term prospects are poor, and the low price fully reflects the current pessimism.

The most famous trial took place in France, in 1521. It was the trial of some Rats, which had been causing a lot of destruction. They were summoned to court by the townsfolk and were appointed a public defense counsel, a quick-witted lawyer named Bartolomeo Chassenée. When his clients failed to appear at the first hearing, Chassenée petitioned for a deferment, testifying that they lived in wide dispersal, on top of which many dangers lay in wait for them on the way to the court. He even appealed to the court to provide a guarantee that Cats belonging to the plaintiffs would not do the defendants any harm on their way to the hearing. Unfortunately, the court could not provide any such guarantee, so the case was postponed several times more. Finally, after an ardent speech by their defense counsel, the Rats were acquitted.

This is a wake up call. Don’t press the snooze alarm. The barbarians are at the gates, and, because they encourage breeding beyond the ability of the breeders to house, feed, and educate the breedees, violence and social disorganization continue. As the most Christian nation on earth watches its civilization dissolve like a Dove bar fallen off of that ark, attempts to enforce irrational superstitious solutions will accelerate. That Branch Davidian thing was a sample. Lots of other messiahs are waiting. Maybe we can have court-ordered Branch Davidian Social Services counseling for people who won’t share their wives with their god’s anointed. Maybe courts can acquit murderers if they believe a god’s finger was on their trigger. Maybe the barbarians will actually succeed in assuring that books, pictures, ideas, doctors, judges and military commanders share their vision. Then we will have a lot of interesting tribal warfare. One useful defense will be humanistic hermeneutics. Hermeneutics is a fancy word for biblical interpretation. When religious types want to make something simple sound holy and mysterious, they often give it an important sounding high falutin’ name. This practice contrasts sharply with the usage of secular humanists, who, in explaining their views, employ simple words, that fall trippingly from the tongue, like ‘eupraxophy.’ Hermeneutics can be an important weapon to use against religious fanatics in the coming ARCW. The hard core nut cases—those who would control every aspect of our lives by forcing us to accept their understanding of the will of their god—tend to share certain operational assumptions. These include the belief that: (1) Every word of the Bible is true. (2) The English translation of the Bible authorized by King James the First of England, completed in 1611, Common Era, is the only fully acceptable, authoritative, and inspired-by-god translation of holy scripture. This translation is accurate in every respect, including punctuation marks. (3) The Bible is the basis of all morality. Without it there can be no morality. (4) The United States of America was established, and should be governed, according to biblical principles. (5) The Bible is without error. (6) No part of the Bible is in conflict with, or contradictory to, any other part. (7) Hermeneutics can be used to clarify and explain those truths of god in the Bible that might appear, to finite minds, to be in conflict. The goal of hermeneutics is to reconcile all portions of the ‘Word of God’ (the Bible) into a seamless, complete, infallible, and final statement of all past and future history (the latter is called prophecy), of divine law, and of how humans should behave and understand morality. The Bible, properly interpreted, is the final word on everything.

To conclude this section, let us mention briefly three supplementary concepts or practices for the defensive investor. The first is the purchase of the shares of well-established investment funds as an alternative to creating his own common-stock portfolio. He might also utilize one of the “common trust funds,” or “commingled funds,” operated by trust companies and banks in many states; or, if his funds are substantial, use the services of a recognized investment-counsel firm. This will give him professional administration of his investment program along standard lines. The third is the device of “dollar-cost averaging,” which means simply that the practitioner invests in common stocks the same number of dollars each month or each quarter. In this way he buys more shares when the market is low than when it is high, and he is likely to end up with a satisfactory overall price for all his holdings. Strictly speaking, this method is an application of a broader approach known as “formula investing.” The latter was already alluded to in our suggestion that the investor may vary his holdings of common stocks between the 25% minimum and the 75% maximum, in inverse relationship to the action of the market. These ideas have merit for the defensive investor, and they will be discussed more amply in later chapters.

In the anti-gun Spokane newspaper, internet comments indicated that many people had the clueless idea that Gerlach had shot the man – in the back – to stop the thief from stealing his car. One idiot wrote in defense of doing such, “That ‘inert property’ as you call it represents a significant part of a man’s life. Stealing it is the same as stealing a part of his life. Part of my life is far more important than all of a thief’s life.” Analyze that statement. The world revolves around this speaker so much that a bit of his life spent earning an expensive object is worth “all of (another man’s) life.” Never forget that, in this country, human life is seen by the courts as having a higher value than what those courts call “mere property,” even if you’re shooting the most incorrigible lifelong thief to keep him from stealing the Hope Diamond. A principle of our law is also that the evil man has the same rights as a good man. Here we have yet another case of a person dangerously confusing “how he thinks things ought to be” with “how things actually are.” As a rule of thumb, American law does not justify the use of deadly force to protect what the courts have called “mere property.” In the rare jurisdiction that does appear to allow this, ask yourself how the following words would resonate with a jury when uttered by plaintiff’s counsel in closing argument: “Ladies and gentlemen, the defendant has admitted that he killed the deceased over property. How much difference is there in your hearts between the man who kills another to steal that man’s property, and one who kills another to maintain possession of his own? Either way, he ended a human life for mere property!

Counsel’s sarcasm is inappropriate.

The psychiatrist R. D. Laing, at one of the first conferences on Buddhism and psychotherapy that I attended, declared that we are all afraid of three things: other people, our own minds, and death. His statement was all the more powerful because it came shortly before his own death. If bare attention is to be of any real use, it must be applied in exactly these spheres. Physical illness usually provides us with such an opportunity. When my father-in-law, an observant Jew with little overt interest in Eastern philosophy, was facing radical surgery not so long ago, he sought my counsel because he knew of some work I was engaged in about stress reduction. He wanted to know how he could manage his thoughts while going into the surgery, and what he could do while lying awake at night? I taught him bare attention to a simple Jewish prayer; he was gradually able to expand the mental state that developed around the prayer to encompass his thoughts, anxieties, and fears. Even in the intensive care unit after surgery, when he could not tell day from night, move, swallow, or talk, he was able to use bare attention to rest in the moment, dissolving his fears in the meditative space of his own mind. Several years later, after attending Yom Kippur services, he showed me a particular passage in the prayer book that reminded him of what he had learned through his ordeal. A more Buddhist verse he could not have uncovered: A man’s origin is from dust and his destiny is back to dust, at risk of his life he earns his bread; he is likened to a broken shard, withering grass, a fading flower, a passing shade, a dissipating cloud, a blowing wind, flying dust, and a fleeting dream. The fearlessness of bare attention is necessary in the psychological venue as well, where the practice of psychotherapy has revealed just how ingenious and intransigent the ego’s defenses can be. Even when they are in therapy, people are afraid of discovering things about themselves that they do not wish to know.

Defense counsel is aware she is a juicy pulchritudinous dish—and yet, the witness is being berated for merely avoiding the salacious temptations of her intoxicatingly firm and fervently aromatic flesh! I move to censure, really!! CUNNINGHAM: I withdraw the question.

By making defense lawyers more central to criminal litigation than they already were and by dramatically enlarging the range of legal claims they could raise on their clients' behalf, Warren's Court increased the gap between rich and poor defendants-and, given the racial distribution of poverty in midcentury America, between black and white defendants as well. Because the time and quality of defense counsel mattered more than before, those defendants who could buy better quality attorneys and pay them to work more hours were more advantaged than before. Relatively speaking, their poorer counterparts grew more disadvantaged. The justice system grew less egalitarian through the Supreme Court's efforts to make it more so. The

TRUTH -“Truth is unbelievable- it cannot be believed it must factual and be known. To believe is to accept without proof, but to know is to have proven knowledge and that is the truth.” -“Not everyone is equipped to handle the truth. Of what benefit it is to tell someone the truth, if he/she is not ready to accept it…. only causes pain.” -“Truth is a two edged sword. If you are matured or can handle it, truth is liberating. However if you are not matured or is not ready to handle it, Truth can be a source of hurt and pain.” - Sekou Obadias – Author of “SOGANUTU” – A book of life’s Maxims -“Having a conversation with someone who is not ready for the truth, serves only to encourage him or her to be defensive”. Malcolm-Jamal Warner -“The scripture declares that it is unwise to have a conversation with a fool. It also say; “Try all spirits…..“ -“No one person has knowledge or knows the truth about everything. Truth is relative to most, for some, their truth is relevant for them to have others believe, in order to gain control.” -“The clearest path I have found to the truth is: to have an open mind to all people and on all subjects. to develop a thirst for knowledge. to be willing to go wherever the truth leads or calls.” -“In pursuit of the truth, many will encounter difficulties finding it. Simply because: People often use their obligations as excuses or obstacles which prevents them from going where truth leads them. 2) People usually feel the need to be validated by others -what others may think or say.” - Sekou Obadias – Author of “SOGANUTU” – A book of life’s Maxims WISDOM -“If you embrace the principle that man and his environment are one, and need each other, you will find the need to protect the environment and seek peace.” -“Wisdom is the principal thing; therefore get wisdom: and with all thy getting get understanding.’’ Proverbs 4:7 -“As you seek wisdom and understanding (attain to wise counsel; place your trust in God and the higher powers that guides you; do not be wise in your own eyes) you will find peace with both God and man.” - Sekou Obadias – Author of “SOGANUTU” – A book of life’s Maxims

Nevertheless, like many of today’s reformers, Riis considered teachers the determining factor in whether a child escaped poverty. In his 1892 book The Children of the Poor, he wrote that schools are “our chief defense against the tenement and the flood of ignorance with which it would swamp us … it is the personal influence of the teacher that counts for most in dealing with the child. It follows it into the home, and often through life to the second and third generation, smoothing the way of sorrow and hardship with counsel and aid in a hundred ways.

The President of the United States, in his message of July 4, 1861, to the Federal Congress convened in extra session, said: "It is thus seen that the assault upon and reduction of Fort Sumter was in no sense a matter of self-defense on the part of the assailants. They well knew that the garrison in the fort could by no possibility commit aggression upon them. They knew—they were expressly notified—that the giving of bread to the few brave and hungry men of the garrison was all which would on that occasion be attempted, unless themselves, by resisting so much, should provoke more." Mr. Lincoln well knew that, if the brave men of the garrison were hungry, they had only him and his trusted advisers to thank for it. They had been kept for months in a place where they ought not to have been, contrary to the judgment of the General-in-Chief of his army, contrary to the counsels of the wisest statesmen in his confidence, and the protests of the commander of the garrison.

according to Thorp, “All that was necessary to cause swift vengeance to fall upon the heads of the evil-doers was done. They were chased and beaten with clubs and captured. The Confederate authorities rendered assistance in the prosecutions, which followed by allowing a jury to be impaneled and a regular court to be instituted with able lawyers from among the prisoners as judges and counsel for the defense and prosecution. The witnesses were subpoenaed, and after a fair and impartial trial, six of the raiders were convicted and hanged, and from that time forward flanking and raiding were unknown among the prisoners

Circumstantial evidence is not, as they [defense counsel] claim, like a chain. You could have a chain spanning the Atlantic Ocean from Nova Scotia to Bordeaux, France, consisting of millions of links, and with one weak link that chain is broken. Circumstantial evidence, to the contrary, is like a rope. And each fact is a strand of that rope. And as the prosecution piles one fact upon another we add strands and we add strength to that rope. If one strand breaks—and I’m not conceding for a moment that any strand has broken in this case—but if one strand does break, the rope is not broken. The strength of the rope is barely diminished. Why? Because there are so many other strands of almost steel-like strength that the rope is still more than strong enough to bind these two defendants to justice. That’s what circumstantial evidence is all about.5

Flair Hickory, celebrity counsel for the defense, stood, and not for the first time, Wendy wondered how Dan Mercer had the money to afford him. Flair wore his customary gray suit with thick pink stripes, pink shirt, pink tie. He crossed the room in a way that might be modestly described as “theatrical,” but it was more like something Liberace might have done if Liberace had the courage to be really flamboyant. “Ms.

On August 1, the Justice Department’s Office of Legal Counsel granted the CIA’s request to begin water-boarding Abu Zubaydah. The technique, tantamount to torture, was designed to elicit confessions through the threat of imminent death by drowning. That same day John Yoo, now a deputy to Attorney General Ashcroft, advised the White House that the laws against torture did not apply to American interrogators. The president, the vice president, the secretary of defense, and the director of Central Intelligence approved. The

The book explains – and, perhaps more importantly, photographically illustrates – death of human beings by all sorts of means. Gunshot, knife, bludgeon, stomping, strangulation, automobile collisions and auto-pedestrian strikes, death by fire, and more are thoroughly covered. When opposing counsel says of your opponent, “He only had a knife (or stick, or bottle)”… “He was unarmed!”… ”He was just driving his car!”…”He was only standing there with an ordinary can of gasoline and an ordinary Zippo lighter!”… …I would like you to be able to honestly say, “Counselor, in that moment I knew what he could do to me. My mind flashed back to pictures I had seen of someone stabbed/clubbed/stomped/run over/burned to death. I pictured my mother or my spouse having to identify me looking like that on a slab in the morgue, and I knew I had to stop him.” There

to establish the active dynamic, indicate that you’ll sign the complaint, point out evidence and witnesses known to you…and then stop. Be polite. Do not raise your voice. I for one would answer subsequent questions with, “Officer, you’ll have my full cooperation after I’ve spoken with counsel.

DEFENSE COUNSEL And then the defense? THE COURT It’s the Court’s practice to start with the prosecution, and I would ask the D.A. to voir-dire the jury ad seriatim. DEFENSE COUNSEL Would you run that by me again? THE COURT Ad seriatim. DEFENSE COUNSEL I’m sorry. All at once? One at a time? THE COURT That means one, two, three, four, five, six, seven, eight, nine, ten . . . DEFENSE COUNSEL One through twelve? THE COURT Yes, in that order, not bouncing around, ad seriatim. And that means, when he’s done, you can ask your questions ad seriatim. DEFENSE COUNSEL I’d prefer to ask them ad nauseam, if you don’t mind. What

After being served with a notice, tenants sometimes try to avoid being served with the summons in the unlawful detainer action. Occasionally, they ask counsel's advice on whether to do so. Counsel should advise the tenant not to try and duck service for three reasons: •The landlord is likely to catch the tenant at some time and effect service, despite the tenant's efforts to avoid service; •The court might learn of the tenant's efforts to avoid service and, in ruling on various issues, may believe the tenant is a deadbeat; and •If the landlord prevails in the unlawful detainer action and recovers costs, the tenant's actions will have probably increased the costs the tenant will be responsible to pay.

Belief is an odd thing for a defense counsel, Tommy. It is not necessary to believe in your client to defend him. Some would say that it is easier to not truly have an opinion, that the maneuverings of the law are only clouded by the emotions of trust and honesty. But

Despite constant intrusions by defense counsel objecting to the translation or some other technicality, the prosecution submitted its evidence and rested its case after two days.

Someone’s gotta do it. No one’s gonna do it. So I’ll do it. Your honor, I rise in defense of drunken astronauts. You’ve all heard the reports, delivered in scandalized tones on the evening news or as guaranteed punch lines for the late-night comics, that at least two astronauts had alcohol in their systems before flights. A stern and sober NASA has assured an anxious nation that this matter, uncovered by a NASA-commissioned study, will be thoroughly looked into and appropriately dealt with. To which I say: Come off it. I know NASA has to get grim and do the responsible thing, but as counsel for the defense—the only counsel for the defense, as far as I can tell—I place before the jury the following considerations: Have you ever been to the shuttle launchpad? Have you ever seen that beautiful and preposterous thing the astronauts ride? Imagine it’s you sitting on top of a 12-story winged tube bolted to a gigantic canister filled with 2 million liters of liquid oxygen and liquid hydrogen. Then picture your own buddies—the “closeout crew”—who met you at the pad, fastened your emergency chute, strapped you into your launch seat, sealed the hatch and waved smiling to you through the window. Having left you lashed to what is the largest bomb on planet Earth, they then proceed 200 feet down the elevator and drive not one, not two, but three miles away to watch as the button is pressed that lights the candle that ignites the fuel that blows you into space. Three miles! That’s how far they calculate they must go to be beyond the radius of incineration should anything go awry on the launchpad on which, I remind you, these insanely brave people are sitting. Would you not want to be a bit soused? Would you be all aflutter if you discovered that a couple of astronauts—out of dozens—were mildly so? I dare say that if the standards of today’s fussy flight surgeons had been applied to pilots showing up for morning duty in the Battle of Britain, the signs in Piccadilly would today be in German. Cut these cowboys some slack. These are not wobbly Northwest Airlines pilots trying to get off the runway and steer through clouds and densely occupied airspace. An ascending space shuttle, I assure you, encounters very little traffic. And for much of liftoff, the astronaut is little more than spam in a can—not pilot but guinea pig. With opposable thumbs, to be sure, yet with only one specific task: to come out alive. And by the time the astronauts get to the part of the journey that requires delicate and skillful maneuvering—docking with the international space station, outdoor plumbing repairs in zero-G—they will long ago have peed the demon rum into their recycling units.

Over time, however, the Christendom shift involved150: • The adoption of Christianity as the official religion of city, state, or empire. • Movement of the church from the margins to the center of society. • The creation and progressive development of a Christian culture or civilization. • The assumption that all citizens (except Jews) were Christian by birth. • The development of a “sacral society,” corpus Christianum, where there was no freedom of religion and political power was divinely authenticated. • The definition of “orthodoxy” as the belief all shared, determined by powerful church leaders with state support. • Imposition, by legislation and custom, of a supposedly Christian morality on the entire society (though normally Old Testament morality was applied). • Infant baptism as the symbol of obligatory incorporation into Christian society. • The defense of Christianity by legal sanctions to restrain heresy, immorality, and schism. • A hierarchical ecclesiastical system, based on a diocesan and parish arrangement, analogous to the state hierarchy and buttressed by state support. • A generic distinction between clergy and laity, and relegation of laity to a largely passive role. • Two-tier ethics, with higher standards of discipleship (“ evangelical counsels”) expected of clergy and those in religious orders. • Sunday as an official holiday and obligatory church attendance, with penalties for noncompliance. • The requirement of oaths of allegiance and oaths in law courts to encourage truth-telling. • The construction of massive and ornate church buildings and the formation of huge congregations. • Increased wealth for the church and obligatory tithes to fund the system. • Division of the globe into “Christendom” and “heathendom” and wars waged in the name of Christ and the church. • Use of political and military force to impose Christianity, regardless of personal conviction. • Reliance on the Old Testament, rather than the New, to justify these changes.

The Branch From Jesse 11 A shoot will come up from the stump of Jesse; from his roots a Branch will bear fruit. 2 The Spirit of the Lord will rest on him— the Spirit of wisdom and of understanding, the Spirit of counsel and of might, the Spirit of the knowledge and fear of the Lord— 3 and he will delight in the fear of the Lord. He will not judge by what he sees with his eyes, or decide by what he hears with his ears; 4 but with righteousness he will judge the needy, with justice he will give decisions for the poor of the earth. He will strike the earth with the rod of his mouth; with the breath of his lips he will slay the wicked. 5 Righteousness will be his belt and faithfulness the sash around his waist. 6 The wolf will live with the lamb, the leopard will lie down with the goat, the calf and the lion and the yearling[f] together; and a little child will lead them. 7 The cow will feed with the bear, their young will lie down together, and the lion will eat straw like the ox. 8 The infant will play near the cobra’s den, and the young child will put its hand into the viper’s nest. 9 They will neither harm nor destroy on all my holy mountain, for the earth will be filled with the knowledge of the Lord as the waters cover the sea. 10 In that day the Root of Jesse will stand as a banner for the peoples; the nations will rally to him, and his resting place will be glorious. 11 In that day the Lord will reach out his hand a second time to reclaim the surviving remnant of his people from Assyria, from Lower Egypt, from Upper Egypt, from Cush,[g] from Elam, from Babylonia,[h] from Hamath and from the islands of the Mediterranean. 12 He will raise a banner for the nations and gather the exiles of Israel; he will assemble the scattered people of Judah from the four quarters of the earth. 13 Ephraim’s jealousy will vanish, and Judah’s enemies[i] will be destroyed; Ephraim will not be jealous of Judah, nor Judah hostile toward Ephraim. 14 They will swoop down on the slopes of Philistia to the west; together they will plunder the people to the east. They will subdue Edom and Moab, and the Ammonites will be subject to them. 15 The Lord will dry up the gulf of the Egyptian sea; with a scorching wind he will sweep his hand over the Euphrates River. He will break it up into seven streams so that anyone can cross over in sandals. 16 There will be a highway for the remnant of his people that is left from Assyria, as there was for Israel when they came up from Egypt. Songs of Praise 12 In that day you will say: “I will praise you, Lord. Although you were angry with me, your anger has turned away and you have comforted me. 2 Surely God is my salvation; I will trust and not be afraid. The Lord, the Lord himself, is my strength and my defense[j]; he has become my salvation.” 3 With joy you will draw water from the wells of salvation. 4 In that day you will say: “Give praise to the Lord, proclaim his name; make known among the nations what he has done, and proclaim that his name is exalted. 5 Sing to the Lord, for he has done glorious things; let this be known to all the world. 6 Shout aloud and sing for joy, people of Zion, for great is the Holy One of Israel among you.

Investment Counsel and Trust Services of Banks The truly professional investment advisers—that is, the well-established investment counsel firms, who charge substantial annual fees—are quite modest in their promises and pretentions. For the most part they place their clients’ funds in standard interest- and dividend-paying securities, and they rely mainly on normal investment experience for their overall results. In the typical case it is doubtful whether more than 10% of the total fund is ever invested in securities other than those of leading companies, plus government bonds (including state and municipal issues); nor do they make a serious effort to take advantage of swings in the general market. The leading investment-counsel firms make no claim to being brilliant; they do pride themselves on being careful, conservative, and competent. Their primary aim is to conserve the principal value over the years and produce a conservatively acceptable rate of income. Any accomplishment beyond that—and they do strive to better the goal—they regard in the nature of extra service rendered. Perhaps their chief value to their clients lies in shielding them from costly mistakes. They offer as much as the defensive investor has the right to expect from any counselor serving the general public. What we have said about the well-established investment-counsel firms applies generally to the trust and advisory services of the larger banks.

When Flynn’s counsel reiterated that Flynn could no longer share information pursuant to a joint defense agreement, the President’s personal counsel said he would make sure that the President knew that Flynn’s actions reflected “hostility” towards the President.

handled the arraignment, satisfied with his choice of counsel even though he hadn’t picked Smith for his skill. Mason knew the importance of managing a client’s expectations, especially a criminal defense client whose life was on the line. Smith took it to another level, wringing any sentiment out of the equation. “It’s Ortiz’s call,” Mason said. “He can take the case to the grand jury or have a preliminary hearing. He picked the grand jury because it’s secret and you made him look bad today. It killed him to tell the judge that

Ultimately, the overarching prescription from President Eisenhower was similar to what Washington had counseled as the ultimate check and balance: vigorous citizenship. In a democracy, political father figures are never the last sources of responsibility. 'Only an alert and knowledgeable citizenry,' Ike advised, 'can compel the proper meshing of the huge industry and military machinery of defense with our peaceful methods and goals, so that security and liberty may prosper together.

My biggest concern in counseling is not that God won’t guide us into truth, but that either I or the counselee will get in His way through rigidity, pride, blind spots, defensiveness, and the like.

Ayoob also suggests framing your remarks thusly: “That person attacked me. If he survives, I’ll sign the complaint. The witnesses are there (point them out) and the evidence is there (point it out). Officer, you know how serious this is; you’ll have my full cooperation after I’ve spoken with counsel.

Frances Prizzia Criminal Defense Lawyers serves Newport Beach, Irvine, Santa Ana, and surrounding Southern California areas, offering expert defense in all types of criminal charges. Whether you're facing a misdemeanor or felony, our recognized firm is dedicated to beating your charges. We provide focused defense counsel to safeguard your future, committing the necessary time and energy to your case. Contact us today for a free consultation.