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What I Believe
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Who I Am
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WHAT I BELIEVE


Photo of Mark BennettRadical. Caring. Revolutionary. These are some of the words that describe my approach to the representation of people accused of crimes. I believe that there is no higher calling for a lawyer than to defend people charged with crimes and in jeopardy of losing the things that are most precious to them -- their lives and their freedom. I believe that the representation of the accused is a sacred trust, and that I earn the trust of my clients by listening to their stories and fighting like hell for them. I believe that everybody deserves an aggressive defense.

I believe that the only real difference between the person accused of a crime and the person walking the streets free is something that is not their choice -- call it fortune, or luck, or the grace of God. I believe that the rights of America's most fortunate can only be protected by those who are fighting for the rights of the least fortunate.

I believe that the right to a trial by jury is a valuable thing that should not be given up lightly.

I believe that the government should be forced to work at it if it wants to put someone in jail. I don't believe in giving the government a free ride.

I believe that our government is no longer "of the people, by the people, and for the people." I believe that real power passed out of the hands of the people long ago. I believe that what our government does is often contrary to the will, desire, and good of the people.

I believe that the criminal justice system is not capable of providing us with anything more than the merest shadow of true Justice. While prosecutors are supposed to see that justice is done, there are several obstacles to their performing this duty: the politics of the job (in some offices, prosecutors are judged by their stats -- their conviction rates); their egos; incomplete information (prosecutors are conditioned to focus on the "facts" presented to them by the police, which are often incomplete or wrong); their human-ness (prosecutors are people, fallible like the rest of us, and often don't know what justice is, even if they have all of the facts); and the fact that they feel obligated to follow the law (mandatory minimum sentences for possession of drugs, for example).

I believe that the last hope of a person accused of a crime is a jury of twelve human beings that care about justice and fairness.

I also believe in mercy. I believe that mercy is not something a person "earns" or "deserves" (the belief of some prosecutors) but something that should be given unconditionally.

I believe that plea bargains are an evil that is sometimes necessary, but that any plea bargain is a compromise in which the possiblity of an excellent result is surrendered to avoid the possibility of a terrible result, yielding a result somewhere in between.

I believe that there is no such thing as a hopeless case or a lost cause.

I believe that any lawyer that signs on a case planning to plead his client guilty is doing his client a great disservice.

I believe that any person accused of a crime is best served by a lawyer who is prepared to fight the case through a jury trial. I believe that I am that lawyer.

--

Mark.

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Some Great Quotes
Bearing on the Never-Ending
Struggle for Liberty

 

Who God abandons, I defend.

Mike Ramsey

If ye love wealth greater than liberty, the tranquility of servitude greater than the animating contest for freedom, go home from us in peace.  We seek not your counsel, nor your arms.  Crouch down and lick the hand that feeds you.  May your chains set lightly upon you; and may posterity forget that ye were our countrymen. 

Sam Adams

The condition upon which God hath given liberty to man is eternal vigilance; which condition if he break, servitude is at once the consequence of his crime, and the punishment of his guilt. 

John Philpot Curran

The natural progress of things is for liberty to yield and government to gain ground. 

Thomas Jefferson

The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.  It is its natural manure. 

Thomas Jefferson

They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety. 

Benjamin Franklin

The history of liberty is a history of resistance.  The history of liberty is a history of limitations of governmental power, not the increase of it. 

Woodrow Wilson

Mankind is tired of liberty.  

Benito Mussolini

Who are a free people?  Not those over whom government is reasonably exercised, but those who live under a government so constitutionally checked and controlled that proper provision is made against its being otherwise exercised. 

John Dickinson

Since the general civilization of mankind, I believe there are more instances of the abridgment of the freedom of the people by gradual and silent encroachments of those in power than by violent and sudden usurpations. 

James Madison

Those who deny freedom to others deserve it not for themselves, and, under a just God, cannot long retain it. 

Abraham Lincoln 

What citizen of a free country would listen to any offers of good and skillful administration in return for the abdication of freedom? 

J.S. Mill

No amount of political freedom will satisfy the hungry masses.  

Nikolai Lenin

Liberty is precious -- so precious that it must be rationed.  

V.I. Lenin

To be governed is to be watched, inspected, spied upon, directed, law-ridden, regulated, penned up, indoctrinated, preached at, checked, appraised, seized, censured, commanded, by beings who have neither title, nor knowledge, nor virtue.  To be governed is to have every operation, every transaction, every movement noted, registered, counted, rated, stamped, measured, numbered, assessed, licensed, refused, authorized, indorsed, admonished, prevented, reformed, redressed, corrected. 

P.J. Proudhon:  Confessions d'un révolutionaire, 1849

Government consists of acts done by human beings; and if the agents, or those who choose the agents, or those to whom the agents are responsible, or the lookers-on whose opinion ought to influence and check all these, are mere masses of ignorance, stupidity, and baleful prejudice, every operation of government will go wrong. 

J.S. Mill

Under a government which imprisons any unjustly, the true place for a just man is also a prison. 

H.D. Thoreau

I consider all the encroachments made on the constitution heretofore as nothing, as mere retail stuff, compared with the wholesale doctrine that there is a Common Law in force in the United States, of which, and of all the cases within its provisions, their courts have cognizance. 

Thomas Jefferson, Letter to Charles Pinckney, Oct. 1799

The lawyer is always in a hurry. 

Plato

If the advocate refuses to defend from what he may think of the charge or of the defense, he assumes the character of the judge; nay, he assumes it before his hour of judgment; and, in proportion to his rank and reputation, puts the heavy influence of, perhaps, a mistaken opinion into the scale against the accused. 

Thomas Erskine:  On the trial of Thomas Paine for publishing The Rights of Man, 1792

Woe unto ye also, ye lawyers!  for ye lade men with burdens grievous to be born, and ye yourselves touch not the burdens with one of your fingers. 

Luke XI, 46

Lawyers, like bread [are best] when they are young and new. 

Thomas Fuller

These are the mountebanks of state, . . . 
The mastiffs of a government, 
To worry and run down the innocent. 

Daniel Defoe:  A Hymn to the Pillory, 1703

A lawyer's opinion is worth nothing unless paid for. 

English Proverb, not recorded before the 19th century

If you cannot avoid a quarrel with a blackguard let your lawyer manage it rather than yourself.  No man sweeps his own chimney but employs a chimney-sweeper who has no objection to dirty work, because it is his trade. 

C.C. Colton

Most good lawyers live well, work hard, and die poor. 

Daniel Webster

It is a strange trade, that of advocacy.  Your intellect, your highest heavenly gift, hung up in the shop window like a loaded pistol for sale, will either blow out a pestilent scoundrel's brains, or the scoundrel's salutary sheriff's officer's (in a sense), as you please to choose for your guinea. 

Thomas Carlyle