Criminal Law Attorney
Q.I recognize that in our system people are presumed innocent until proven guilty. I recognize that we live in an adverserial system and that defense attorneys ultimately protect the innocent by making prosecutors prove their case and keep police honest. I also recognize that when innocent people are convicted defense attorneys serve as the last resort for people who need help to correct injustice. All of this is true but more often than not defense attorneys serve more as a hindrance to justice rather than as a conduit. Does anyone think OJ Simpson's attorneys served justice when they got OJ acquitted? Of course not. They were fulfulling their obligation to zealously defend their client and nothing they did from that standpoint was objectionable. In fact it would have been unethical for them to do anything less. That's my point. On a personal level I recognize that defense attorneys are regular citizens with spouses and children and usually lead law-abiding lives. However keep this in mind. The norm is not defense attorneys freeing the innocent. That happens but it is the exception. The norm is defense attorneys fighting to acquit the guilty so in that regard the system forces the defense to use their skills to put horrible people back on the streets. I recognize the system needs the defense for checks and balances, but at the same time the system does a disservice to the victims? Defense attorneys are not doing a bad thing at exploiting any defeciencies in the states case or challenging witness credibility. At the same time it's disheartening for defense attorneys to exploit the cleverness of their clients. It's what most killers rely on. They kill their victims expecting to leave behind no evidence to prosecute them.
A.Defense attorneys are not doing a bad thing at exploiting any defeciencies in the states case or challenging witness credibility. At the same time it's disheartening for defense attorneys to exploit the cleverness of their clients. It's what most killers rely on. They kill their victims expecting to leave behind no evidence to prosecute them. This story may be archetypical, but when a defense attorney was asked by his opponent how he felt, knowing that he just got a guilty man off, he replied: "I didn't let him off; YOU did." The defense attorney's job is to hold the State to its proof, as vigorously as possible within the confines of the law. Most public defenders are badly over-worked, and can't throw the kind of resources at a case to make a fair go of it. Anyone who has to put his life in the hands of a public defender has probably lost it already.
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