This weekend Cracked had a piece on The Seven Most Baffling Criminal Defenses, profiling inane, otherworldly, and seemingly bogus defense theories, some of which worked.
(I was pleased that they didn’t go for the cheap and easy shot at the frequently misstated “twinkie defense.”)
Surely, you think, these are mere outliers, exaggerated for effect. Surely people don’t routinely try such things in the courtroom.
Well, yes and no. Or more precisely, no.
On the same theme, via Walter Olson at Overlawyered, read the story of C. Aiken Blitz, who defended a speeding ticket by arguing that his BMW is simply so brilliantly engineered, its ride so baby’s-ass smooth, that he couldn’t tell he was speeding.
Legal realism note: as a rule, you will not find traffic court judges sympathetic to the defense “Your honor, I am not guilty because my German luxury car is too awesome.”
Blitz, I hardly need add, is a lawyer.
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