Independent | Innovative | Inspiring

FACULTY HOME
VISITING FACULTY
ADJUNCT FACULTY
OFFICE HOURS
CLASS PAGES
EMERITUS FACULTY
FACULTY PUBLICATIONS
FACULTY EXPERTS
FACULTY IN THE NEWS

 

Laurence A. Benner - California Western
Laurence A. Benner
Professor of Law
Managing Director, Criminal Justice Programs
Visiting Professor of Political Science, University of California, San Diego


Laurence A. Benner

lbenner@cwsl.edu
619-525-1490
225 Cedar Street
San Diego, CA 92101

Publications

Additional Materials

Education

J.D. University of Chicago
B.S. Michigan State University [summa cum laude, political science]


Courses Taught
Constitutional Law, Criminal Procedure, Criminal Law, Advanced Criminal Justice/Bail Project, Advanced Criminal Litigation [Course Descriptions]


Biography

Recently elected to The Fellows of the American Bar Association in recognition of his service to the profession, Laurence Benner has been an active participant, educator and consultant in the criminal justice arena for over three decades. His scholarship has been cited in the United States Supreme Court as well as leading criminal justice textbooks and treatises on criminal procedure. Excerpts from his critique of the law on confessions, entitled “Requiem for Miranda” and his empirical research on search warrants have been extensively relied upon by both courts and scholars. The Other Face of Justice, which he co-authored, has also been nationally recognized as a basic resource for improving criminal defense representation for the indigent accused.

A graduate of the University of Chicago Law School, Professor Benner joined the law faculty of California Western School of Law following a distinguished career as a trial and appellate advocate.  He was National Director of Defender services for the National Legal Aid & Defender Association, was Director & Chief Trial Counsel of the Office of the Defender in Grand Rapids, Michigan, and taught as a Clinician at the University of Chicago Law School’s Mandel Legal Aid Clinic.  He also served in the South Pacific as Chief Legal Counsel to the Ombudsman Commission of Papua New Guinea, a constitutional office established to protect human rights. 

Professor Benner is a past member of the Board of Directors of the National Legal Aid & Defender Association (NLADA) and is currently Co-Chair of the ABA Criminal Justice Section’s Defense Function Committee.  He is also a member of the American Constitution Society for Law and Policy, the ABA Individual Rights and Responsibilities Section, Scribes, the Law & Society Program Advisory Committee of the  University of California, San Diego (UCSD) and the San Diego Criminal Defense Lawyer’s Club.  He served as a Commissioner on the U.S. Justice Department’s National Study Commission on Criminal Defense Services, which promulgated national standards for the delivery of indigent defense services, was NLADA’s liaison to the ABA Special Committee on Criminal Justice Administration, and is a past member of the Executive Committee of the American Association of Law School’s (AALS) Litigation Section. He has been a consultant to numerous governmental agencies, including the U.S. Justice Department, the California Commission on the Fair Administration of Justice, San Diego County and The Constitutional Review Commission of Papua New Guinea.

Professor Benner is Managing Director of Criminal Justice Programs at California Western School of Law, where he co-founded the Institute for Criminal Defense Advocacy, which operates the California Innocence Project and the Janeen Kerper National Trial Skills Academy.  He lectures regularly at NLADA’s annual ‘Life in the Balance’ Death Penalty Training Conference and the Advanced Appellate Defender Training Conference.  He currently teaches Criminal Law, Criminal Procedure, Constitutional Law, and Advanced Criminal Justice, and directs the San Diego Search Warrant Project and CWSL’s Bail Project.  He pioneered CWSL’s faculty exchange program with Victoria University in New Zealand, where he taught Comparative Criminal Law and Procedure and he teaches undergraduate courses in the Law & Society Program at UCSD.


Selected Publications
  • Laurence A. Benner & Marshall J Hartman, Putting a Leash on Fido: Police Dogs, DUI Blood Draws and the Fourth Amendment, 34 Cornerstone __ (forthcoming 2013).
  • Laurence A. Benner & Marshall J. Hartman, Supreme Court Watch: Redefining the Fourth and Fifth Amendments, 34 Cornerstone, No. 1, at 4 (2013).
  • Laurence A. Benner, Donald J. Smythe & Robert Bird, Social Network Theory and the Diffusion of the Fourth Amendment Exclusionary Rule Among State Courts Between Weeks and Wolf, 27 BYU J. Pub. Pol’y 97 (2013).
  • Laurence A. Benner, Expanding the Right to Effective Counsel at Plea Bargaining: Opening Pandora’s Box?, 27 ABA Crim. Justice 4 (2012).
  • Laurence Benner & Marshall Hartman, A Call for Reform: The Prosecutor’s Duty to Disclose Favorable Evidence (Part I), 33 Cornerstone, No. 2, at 4 (2012).
  • Laurence Benner & Marshall Hartman, A Call for Reform: The Prosecutor’s Duty to Disclose Favorable Evidence ( Part II), 33 Cornerstone, No. 3, at 2 (2012).
  • Laurence A. Benner & Marshall Hartman, Supreme Court Review: Highlights of Criminal and Habeas Decisions, 2011-2012 Term, Proceedings of the 2012 Annual Conference of the National Legal Aid & Defender Association, Chicago (Dec. 2012).
  • Laurence A. Benner, When Excessive Public Defender Workloads Violate the Sixth Amendment Right to Counsel Without a Showing of Prejudice, American Constitution Society (Mar. 2011).
  • Laurence A. Benner, Eliminating Excessive Public Defender Workloads, 26 ABA Crim. Justice  24 (2011).
  • Laurence A. Benner & Marshall Hartman, Graham v Florida: Ending Juvenile LWOP and Demonstrating Rehabilitation, 32 Cornerstone, No. I, at 18 (2011) (Special Centennial Issue).
  • Laurence A. Benner & Marshall J. Hartman, Supreme Court Watch: Arrest and Confrontation in Fantasyland, 33 Cornerstone, No. 1, at 6 (2011).
  • Laurence A. Benner & Marshall J Hartman, Supreme Court Review: An Analysis of Criminal Justice Decisions: 2010-2011 Term, Proceedings of the 2011 Annual Conference of the National Legal Aid & Defender Association, Washington D.C. (Dec. 2011).
  • Laurence A. Benner & Marshall Hartman, Redrawing the Boundary Lines for Ineffective Assistance of Counsel  (Special Edition), 31 Cornerstone, No. 3, at 6 (2010).
  • Laurence A. Benner & Sharon Rubenstein, Preface to Third Edition of William Greenhalgh, ABA Fourth  Amendment Handbook (3d ed. 2010) (Laurence A. Benner is also a contributing editor).
  • Laurence A. Benner, The California Public Defender: Its Origins, Evolution and Decline, 5 Cal. Legal History 173 (2010) (by invitation of the California Supreme Court Historical Society).
  • Laurence A. Benner & Marshall Hartman, Opening Pandora’s Box: The Duty to Give Correct Guilty Plea Advice under Padilla v Kentucky, 32 Cornerstone, No. 1, at 6 (2010).
  • Laurence A. Benner & Marshall Hartman, Silencing Miranda, 32 Cornerstone, No. 2, at 6 (2010).
  • Laurence A. Benner, Beyond Strickland: An Occasional Paper from the Center for the Advanced Study of Criminal Justice (2010).
  • Laurence A. Benner & Marshall Hartman, Supreme Court Review: An Analysis of Criminal Justice Decisions: 2009-2010 Term, Proceedings of the 2010 Annual Conference of the National Legal Aid & Defender Association, Atlanta (Nov. 2010).
  • Laurence A. Benner & Marshall Hartman, Supreme Court Review: 2008-2009 Term, Proceedings of the 2009 Annual Conference of the National Legal Aid & Defender Association, Denver, CO (Nov. 2009).
  • Laurence A. Benner & Marshall Hartman, A Fourth Amendment Trilogy, 31 Cornerstone, No. 1, at 6 (2009).
  • Laurence A. Benner & Marshall Hartman, A Lawyer’s Dilemma, 30 Cornerstone, No. 3, at 6 (2009).
  • Laurence A. Benner & Marshall Hartman, A Fourth Amendment Trilogy, 31 Cornerstone, No. 1, at 6 (2009).
  • Laurence A. Benner, The Presumption of Guilt: Systemic Factors that Contribute to Ineffective Assistance of Counsel in California, 45 Cal. W. L. Rev. 263 (2009).
  • Laurence A.  Benner & Marshall Hartman, Strip Searches, Lab Reports and Police-Initiated Interrogation of Your Client after Appointment. 31 Cornerstone, No. 2, at 6 (2009).
  • Laurence A. Benner & Marshall Hartmanet. al., Supreme Court Review: United States Supreme Court Criminal and Habeas Decisions: 2007-2008 Term, Proceedings of the 2008 Annual Conference of the National Legal Aid & Defender Association, Washington D.C. (Nov. 2008).
  • Laurence A. Benner & Marshall Hartman, Narrow Victories, 30 Cornerstone, No. 2, at 6 (2008).
  • Laurence A. Benner & Marshall Hartman, The Good, The Bad and the Ugly, 30 Cornerstone, No. 1, at 6 (2008).
  • Laurence A. Benner & Marshall Hartman, Brendlin v California:  A Trojan Horse? 29 Cornerstone, No. 3, at 6 (2008).
  • Laurence A. Benner, L.S. Stern and A. Avakian, Systemic Factors Affecting the Quality of Criminal Defense Representation, Preliminary Report to the California Commission on the Fair Administration of Justice, (Oct. 2007).
  • Laurence A. Benner & Marshall Hartman, Panetti v Quarterman:  Demons, Habeas and Competency for Death, 29 Cornerstone, No. 2, at 6 (2007).
  • Laurence A. Benner & Marshall Hartmanet. al., Supreme Court Review:  Highlights of the United States Supreme Court’s Criminal Justice Decisions: 2006-2007 Term, Proceedings of the 2007 Annual Conference of the National Legal Aid & Defender Association, Tucson, Arizona, (Nov. 2007).
  • Laurence A. Benner & Marshall Hartman Criminal Law Update X, Proceedings of the Nebraska Criminal Defense Attorneys Association, Omaha, Nebraska (June 2007).