Duke Rape Case - Who's On Trial? EVERYONE.

Rape cases have become a lightening rod for victims rights advocates and defense lawyers alike. Because they are often a "he said-she said" fight, the question is - who's on trial?

Defense lawyers say that the credibility of the victim is essential and therefore everything about the victim's character should be admitted into evidence for the jury to decide whether the truth proves guilt. Victim's rights advocates and prosecutors want to limit "bad character" evidence because, frankly, it can be pretty damaging.

Like this little piece of news: The accuser in the Duke rape case, filed the same charges 10 years ago against others. The link is here.

In order for the jury to discover the truth, they need to know this.

Brian Tannebaum is a criminal defense attorney in Miami, Florida practicing in state and federal court. To learn more about Brian and his firm, Tannebaum Weiss, please visit www.tannebaumweiss.com

Duke Rape Case - The Circus Has Come To Durham

The now public three-ring-circus, former serious rape investigation against players from the Duke Lacrosse Team, is a lesson in, well, just a lot of things not to do.

For example, when defense attorneys like myself are exclaiming my client's innocence, you, Mr. District Attorney, Mr. Mike Nifong up-for-election-in-a-tough-race-for-your-job, should not be saying anything until......let's say the DNA results come back and you've heard all the police dispatch tapes from the night of the alleged incident.

DNA in this case? (hear the Jeopardy buzzer that sounds when time is up.) "Sorry Mike, the answer is "what is - it doesn't exist? Thanks for playing.

And we're learning so much more. There's a nice op-ed piece on Yahoo! News about the unraveling of the whole case. Sports Illustrated.com also has a story about all the inconsistent pieces of evidence now being brought to light.

Brian Tannebaum is a criminal defense attorney in Miami, Florida practicing in state and federal court. To learn more about Brian and his firm, Tannebaum Weiss, please visit www.tannebaumweiss.com

President Bush Should Remember Wilford Brimley's Comment On Leaks

In the 1981 movie Absence of Malice, starring Paul Newman and Sally Field, Wilford Brimley plays a United States Attorney investigating the disclosure of a criminal investigation that was published in the fictional "Miami Standard" newspaper.

When Brimley is told that the disclosure was a "leak," he responds in classic Brimley form: "A leak? You call what's going on here a leak? Last time we had a leak like this, Noah built himself a boat."

Over at the White House now there appears to be another leak. The story has only begun. Today the news via Reuters is that the White House is not denying that the President authorized Lewis "Scooter" Libby to disclose intelligence on Iraq in 2003.

If American Idol was not down to the final 8 contestants, this story would be a lot bigger.

Someone would actually be questioning whether the behavior of the President was criminal.

Brian Tannebaum is a criminal defense attorney in Miami, Florida practicing in state and federal court. To learn more about Brian and his firm, Tannebaum Weiss, please visit www.tannebaumweiss.com

Immigration Is The New Abortion

No, I don't mean that ending a pregnancy under the question of when does life begin is the same as debating whether to allow illegal aliens to stay in the United States, but I do believe that the debate is equally dividing the country.

And the solution is the same - there is none.

Congress has an idea though - House Resolution 4437 would make it a felony to be in the country illegally or to help an undocumented person stay here.

That's what the government does when they have a problem - make it a crime to be part of the problem, or to assist in the problem. Congress' solution is short term, criminalize the issue.

There is another solution, but it is as complicated as the debate. The solution is to tighten our borders, and figure out a way to deal with the people who are already here. America needs to continue to have open arms, but as we frequently say, "I only have two hands." We can't handle all these people. We just can't.

Time Magazine devotes it's cover story this week to what they refer to as the "Immigration Divide"

But the world watching us kick out millions of illegal aliens is not good press, or a good practice.

Neither is finding another reason to put people in prison. Isn't there ever another solution?

You have one, or two?

Brian Tannebaum is a criminal defense attorney in Miami, Florida practicing in state and federal court. To learn more about Brian and his firm, Tannebaum Weiss, please visit www.tannebaumweiss.com