Monday, May 27, 2002

Business Getting and The Criminal Defense Lawyer - An Endless Dilemma . . . In the wake of 9/11 the shifting priorites of the federal law enforcement community has put the brakes on many white-collar criminal prosecutions: The lawyers who try to keep white-collar criminals out of jail are fretting, too. Attorneys representing the targets of federal investigations now feel like storekeepers in a college town during the summer: They miss the customers, no matter how annoying they may be. Phones aren't ringing with new threats from law enforcement, and the defenders are a little apprehensive.  [Law.com] Here is the ultimate set of tensions.  As a lawyer and business person, I want to stay busy and working.  As a criminal defender and a person, I don't want my clients lives to be destroyed.  Yet, without the havoc brought on by the prosecutors' zeal, I would not remain gainfully employed.  Frankly, I don't wish ill to befall any of my clients, but generally it is important to every defense lawyer, from a business perspective, for the government to keep on coming at our clients and for us to fight back by defending them (and billing for it). 10:40:01 PM    comment [] Judge Henry Politz, former Chief Judge of U.S. 5th Circuit, Passes Away The local newspaper reports that he died of a heart attack on Saturday night.  He was 70 years old, and had been battling cancer.  He was widely loved and admired for his wit and for his dedication to the legal profession, especially to the mentoring of young lawyers.  He will be greatly missed. [Ernie the Attorney] The loss of Judge Politz is a blow to the community of lawyers and litigants who believe that civil liberties continue to have a place in the American courtroom.  He was a thoughtful judge, if somewhat scary to appear before as a result of his wit, intellect and laser like focus on stumbling advocates.    6:17:13 PM    comment [] The Ultimate Punishment . . . for teenagers?    Man Who Killed at 17 Is Scheduled to Die. Napoleon Beazley, whose case has prompted debate over the execution of those who commit murder before the age of 18, is scheduled to die by lethal injection on Monday night in Texas. By Sara Rimer. [New York Times: National] While I should at the outset admit my opposition to the death penalty in all cases, it seems we should all be able to agree on some ground rules.  It does not seem to me crazy to limit our imposition of the ultimate punishment to those who commit capital crimes after they reach their eighteenth birthday.  I realize this will disturb many fans of "lethal injection",  but it seems to me that society could be no worse off by satisfying its lust for vengance by sentencing those few less than eighteen year old murders to life without parole.  6:06:22 PM    comment []

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