Criminal Defense Attorneys
Q.I've seen posted hundreds of articles detailing details of scores of cases of prosecutorial abuse. And yet people here insist on attacking defense lawyers for things that they are legally and ethically obligated to do. Anyone interested in pursuing the issue should read Barry Scheck and Peter Neufield's excellent "Actual Innocence" . Someone else here just mentioned false confessions. There is a body of work detailing just how often and why they happen with frightening examples of men being set free upon DNA testing whose conviction rested on the alleged confession. There's also a part of Scheck and Neufield's book devoted to it IIRC. What do you think?
A.Personally, I don't hold ALL defense lawyers in contempt. In particular, I think public defenders do a heroic job. And yes, I know it is a defense lawyer's duty to provide their clients with a vigorous defense. But in cases involving wealthy defendants and high-priced attorneys, just about any and all moral precepts seem to go out the window; they seem quite willing to destroy anyone and everyone in their efforts to keep their client's expensive butt out of jail. I guess what I'd like to hear is that a big-shot defense attorney went to one of these expensive clients and told them that they would try and get the best sentence for them that they could, but they would NOT help them try and get away with a serious crime if they committed one. It's probably too much to wish, given human nature, but I can wish can't I? And yes, in a lot of cases, prosecutors DO get a free ride. They often walk all over vulneable defendants, particularly in sensational cases, because they're under public pressure to get SOMEONE convicted. Which is the best reason I can think of for taking the DA's office out of a political context if that's practical; it should be the the DA's job to get at the truth, not railroad someone to win the next election.
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