The most asked question posed to criminal defense attorneys is, “How can you represent a person you know is guilty?” At one time or another you’ve either asked that question to or about a lawyer, or have at least wondered about it.
Some lawyers take the question as an insult, but I never looked at it that way; I think it’s a legitimate question. So, having been both a prosecutor (17 years) and a defense attorney (14 years), let me take a shot at answering it.
Assuming you understand that the Sixth Amendment to the U.S. Constitution guarantees every person charged with a criminal offense the right to the “Assistance of Counsel for his defense,” you’ll understand the right of the criminal defense attorney to exist.
Obviously, the decision to represent the accused is a choice made by the attorney, and some choose not to do that; that’s their right. But before you condemn lawyers who do represent the criminally charged, stop and think for a minute about how our Criminal Justice system works. Criminal trials aren’t shows put on for the public’s amusement. They are very serious efforts to resolve the question of whether or not sufficient admissible evidence has been presented during a trial to prove the defendant guilty Beyond a Reasonable Doubt.
Once he has taken the case, what are the defense attorney’s responsibilities to his client? The uninformed say the attorney’s job is to get his client off. That’s not true. His or her job is not to protect the client from the consequences of a wrongdoing, but rather to protect his right to a fair trial. In other words, it is to insure that if the client is found guilty, it is the result of the presentation of legally admissible evidence accepted by a jury beyond a reasonable doubt. So, you see, it’s not the defense attorney’s job to seek justice; that’s the job of the prosecutor.
What would motivate an attorney to take on the stressful task of representing those charged with a crime? The first thought most have is that money is the forbidden fruit that draws the interest, and that belief has some merit; after all, defense attorneys generally make significantly more money than do prosecutors. But usually there is more to it. When you accept a case, your client has put his future in your hands and if you fail, he doesn’t lose money as in a civil case, he loses time out of his life.
Though we’ve already said that the job of seeking justice is entirely in the hands of the prosecutor, it actually works both ways. Justice doesn’t always require a conviction. Many people charged are not guilty, and in those cases justice demands an acquittal. Often that takes the considerable efforts of a competent attorney. That’s one compelling reason why some go into the field. Few feelings are greater than seeing an innocent client vindicated.
Still wonder why they do it? Have you ever been, or had a friend or family member, accused of a crime? Your first inclination is not to wonder where your friend or brother will serve his time. No, guilty or not, your first inclination is to get or recommend him to the best Criminal Defense Attorney in town. You know it’s true. If you were charged with a crime, wouldn’t you want the best attorney you could hire to defend you? Don’t say no – it’s not nice to lie.
Some ask if it isn’t the antics of defense attorneys that contribute to putting criminals back on the street and add to the growing crime problem. No, the “antics” of the defense attorneys are both created and limited by court rulings. Much of the guilt for the growth in violent crime falls on the TV and movie-going public. It is we who support the increase in violence and gore on our small and large screens. I’ve been to more murder scenes than I care to count and have been to almost as many autopsies, but I’m at a point where I can’t even watch much of what I see on CSI and other similar shows. The casual way in which murder is treated, and the graphic manner in which wounds are portrayed are, to me, very disturbing.
Under our system of justice the defendant really isn’t on trial; it’s the evidence against him that’s on trial. The Court instructs the jury that the defendant has no responsibility to offer any evidence or testimony on his own behalf, and that, if the defendant chooses not to offer any evidence or testimony, the jury may not draw any adverse inference from that against the defendant. It’s what separates us from most other systems in the world.
Does the law sometimes allow the guilty to slip through the system without punishment? Absolutely, and that’s the down side of our system. In a perfect world the guilty would be found so, and the innocent, vindicated. But we don’t live in a perfect world. So that must mean that our Criminal Justice System isn’t perfect either. Of course it isn’t perfect, but it’s good enough to make our system the best in the world, and if you can think of a better one, let’s hear it.
Since retiring from my law practice, I’ve been writing crime novels and illustrating the strengths and weaknesses in our system of justice. I find it not only fun to do but it also gives me a great deal of satisfaction.
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