D. <strong>The</strong> length of a sentence is nodeterrent (see "myth of deterrence"supra). So we need shorter sentences,imposed quicker because certaintyof apprehension andpunishment is much moreof a deterrentthan oppressive sentences inlposedafterthefact.Butthis will takemoney forlongoverduecourtexpansion.VIII. How can I represent the guilty?"Because in doing so I have the opportunityto daily participate in upholdingthe miraculous system of checks andbalances given us by the founders ofthisnation to protect against the inevitableabuses of governmental power broughton by the human shortcomings of thosewho wield it. By making sure thegovernment follows the rules when itdeals with a bad person, we insure thatthe good citizens will always have theprotection of these rules."In summary, let me assure you that inthe vast majority of cases the guilty areconvicted, even after the rules are followed.(In Tarrant County the D.A.3conviction rate is 97% - this usuallyastounds the audience.)"Let me also assure you that the systemworks. It is overburdened from alaekofproper funding and planningby the verypoliticians who tell you they are toughoncrime, but fundamentally it is souud.<strong>The</strong> answer is not to weaken oursafeguards and make it easier to convict,for if we do this, we make it morelikely that the innocent will get caughtup in the rush to judgment and subjectto the abuses of unrestrained power.Rather, the best deterrent to crime is toget themessageout that thesystemdoeswork. If guilty, you will be convicted,you will be punished, you will not getoff on a technicality. If there are anyamong you who still doubt me, thinkabout this: <strong>The</strong> Texas Department ofCorrections is straining with the burdenof 40,000 prisoners and the county jailsof our state hold thousands more -these people did not get away withcrime!"This outline is only intended to providegeneral topics and ideas. It sh&d beliberally supplemented with examples,anecdotes and emotion, just as if you wereconductingjury voirdireorfinal argument.Otherwise, you mightjust as well put themto sleep by readingthe Constitution. Ithinkyou will find that if you get your audienceinvolved, you'll be rewarded when JimBob comes up after your speech and says,"You know, I never really thought about itlike that before."<strong>For</strong> those of you willing to accept thechallenge and "speak up," I have includedthe following form letter which can beeasily tailored to address virtually any organization:Dear Program Chairman:Do your members want to know whatreally goes on at the Criminal Courthouse?What's the deal with "plea bargaining,"parole, and legal "technicalities?" Wouldyou like to put a lawyer on the hot seat toanswer YOURquestions about the criminaljustice system?None of us condone crime but it is essentialthat our solutions to the problems inthe criminal justice system be based onfacts. <strong>The</strong> Texas Crinunal Defense LawyersAssociation is sponsoring this programtoincreasecommunity awareness bygiving you the opportunity to hear andquestion those who are at the courthousedealing with these problems daily.As a member of TCDLA I am ready towork with you to speakor~rovide sceakersto your organization. <strong>The</strong>-format \hll be ashort speech followed by a question andanswer period in order that your memberscan be personally involved and ask theHARD questions that so often are left unanswered.Please contact meor my legal assistant,Mary Pracht, at 817/332-3822 if you areinterested in this program.Sincerely,President's Columnc o ~ z r i ~ t d3o eing else but using the significant decisionsto reduce their research time. Each of youreading this column needs to run your ownrecruiting program to bring the lawyersthat I havediscussed in this paragraph intothe association. Cany a membership fom~on youand offer to fill it out for any lawyerwho should be a member of our Associationand get his check right then so that hecan join us right away.Texas Criminal Defense Lawyers As-sociation needs to bring in "new blood" togrow, get new ideas, and develop leadersin the area of criminal law for the future.<strong>The</strong> Association has been in existencesince 1970. We are rapidly approachingour twentieth anniversary. lhaveonly beencarrying the banner for defendants since1973. We have many members who werecarrying the banner for erinunal defendantsa long time before 1970 when theAssociation was frst thought up and adecision made to begin the Association inthe back of a taxi cab. If we do not stattoday to bring in new people with newideas, it will never happen. People who winraces begin by taking the first step. Talk ischeap. <strong>The</strong> time for talking is passed. Weneed each of you to act now to become amoving force in the future of the TexasCriminal Defense Lawyers Association.If our nlembenhip grows, our financialposition will improve. Financially, we canimprove our position by running seminarsthat are well planned and well promoted.Our Association has to plan a reasonablebudget and live within our means. Hopefullythis can be done with the help, time,and effort of each member. Help make theTexas Criminal DefenseLawyers Associationamoving force in the stateof Texas..22 VOICE for the Defeuse I June 1989
ISIGNIFICANTDECISIONS .REPORT Editor:Catherine Greene Burnett IJuan Manuel GUTIERREZ, No. 68,5O&Murder ConvictionAffirmed: Opinion by Judge McCormick; JudgesClinton and Miller Concur in Result; Judge Teague Dissents;February 1,1989.CONFRONTATION-CROSSEXAMINATION-IM-PEACHMENT ON COLLATERAL ISSUES PROPERLYDENIED:Fack: X called aseye witness to murder of brother. He testifiedthat on nieht of murder heaccomoanied his brother to a lounee.c> s, .while they wcrcdrinking with friends, L) enterud and ask~xl rosunvk to c/w.l'hev wcnt outside. X followed to doorw,~v andvhched. He saw D standing two feet from his brother &hen hesuddenly tooktwo steps backward, pulled out a gun, and fired itfour or five times killingc/rv. Hc testified he did not see anyweapon near c/w and that c/w did not carry gun. Whcn Ws attorneyobjected to time frameof question, X said he had not seenbrother carry gunin last year.After State ~sted, D sought to introduce testimony of Y, apparentlygoing to issueof whether she had seen c/w carrying gunwithin last year. On appeal, State argued evidence was collateral;D areued
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