A blog by Miami Criminal Defense Lawyer Brian Tannebaum. Commenting on criminal law issues of local and national interest.

Thursday, April 12, 2012

You Pray For A Conviction While I Pray For These Things:

It was a lone comment on one of the hundreds of stories announcing the arrest of George Zimmerman for the death of Trayvon Martin:

"Now I pray for a conviction."

That's nice. I pray that there is a conviction as well, as long as it's because there is proof beyond a reasonable doubt for whatever charge the jury considers.

But I don't have all the evidence. Neither does Mark O'Mara, Zimmerman's wise choice as counsel. In fact, the evidence won't be fully developed until the witnesses are deposed (in Florida we get to take depositions of witnesses pre-trial), exhibits are produced, experts play expert, and about a few dozen other things happen.

So no one has all the evidence. Not even you, watching your favorite non-practicing lawyer opine on cable TV.

I know the arrest happened yesterday and in your "Law and Order" TV world, you are now outraged that it's the next day and there's no conviction along with some case ending philisophical comment from the prosecutor, but maybe you'll instead join me in prayer for the following:

I pray that:

Lawyers who know nothing about the law say nothing about the law in the media.

Lawyers who know something about the law but nothing about being a criminal lawyer (prosecutor or defense) say nothing about what they "would do" in this case.

Lawyers who know nothing about the lawyers in the case say nothing about "what they know" about the lawyers in the case.

Lawyers who practice criminal defense, don't fall in to the mob mentality and pretend on TV they would handle the case differently.

Lawyers who are on TV or in the media, help explain the system so that people understand, not so they are happy.

Lawyers who don't know what they are talking about, politely decline to be on TV.

Lawyers outside of Florida don't go on TV just to say "I don't know how they do it in Florida, but..."

Lawyers in Florida don't seek publicity for the purpose of trashing their colleagues (I got that request already.)

The media, specifically reporters, only say what they know, not what they think. Report, just report.

The media take every opportunity to educate the public and not make them stupider than they already are as a result of inaccurate TV shows about the criminal justice system.

The media tells the public that the state has 15 days to turn over discovery in Florida and that is extended routinely.

The media calls a "continuance" a continuance and not "another delay."

The media explains that both sides will need to be ready for trial, not just the state (who had a head start.)

The media explains that justice is a decision, a verdict, a conclusion that is just. It may mean the state drops the case, that the defendant gets a good deal for pleading guilty, or that the jury didn't find proof beyond a reasonable doubt.

To add to the above, that the media does not say that "justice was not served" if justice benefits the defendant, meaning he walks out of court when it's over, or that he won't die in prison.

But I probably need to pray much too hard for these things.

Brian Tannebaum is a criminal defense lawyer in Miami, Florida practicing in state and federal court, and the author of The Truth About Hiring A Criminal Defense Lawyer.Share/Save/Bookmarkokdork.com rules Post to Twitter


  1. I never realized how religious you are.

  2. Yes, and I'm disappointed I couldn't get an "Amen" from you.

  3. 12bitphoto11:06 AM

    Alan Dershowitz, on MSNBC of all places, says the indictment is "irresponsible and unethical"...that it's politically motivated and the prosecutor should be held to account for it. He says there is nothing new in it and it doesn't even meet the standard of probable cause.


  4. You realize this is unacceptable. You are rational and reasonable. I don't believe I've seen any such reporting in this sorry case. Everybody else is all heat and no light. Keep up the good work

  5. Dear Brian, thanks for the prayer. Denied.

  6. Reason has no bearing on this case,the media is like a shark that smells ratings, uh, blood in the water.
    We should just be glad that it seems like the judicial system in florida has at least some amount of responsibility.

  7. Brian:

    Thanks for saying what I have been thinking, albeit much more coherently. Oh, and I will give you an amen!

    Todd Doss

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