Not Guilty!
Like most lawyers who do criminal defense, I am often asked, "How can you represent guilty people?"
There are several aspects of my answer to that question, and, of course, any meaningful discussion of the question could take weeks. But let me at least give some food for thought.
First, - and many people forget this simple truth - not everyone accused of a crime is guilty! Accusations are made for a multitude of reasons; revenge, fear, misunderstanding, pressure, retaliation, posturing, and on and on. The Scripture says, "The first one to plead his cause seems right, Until his neighbor comes and examines him." Proverbs 18:17 Criminal defense is about that examination process. If you've ever been falsely accused, you may have a glimpse of the devastation that can occur - legally, socially, financially - when a false accusation is made.
Second, please understand that criminal defense can be practiced honorably by honorable men (and women, of course). My job is to help ascertain the truth; it is not to do "whatever it takes" to "get them off." I do not and will not lie, cheat, or steal to win a case. I will do everything legally permissible - indeed, I must do everything legally allowed - to zealously represent my client. But, I must be, and am, a person of character.
Third, the 6th Amendment was written by wise men who understood that every power needs boundaries and accountability. If we don't allow meaningful defense in the most heinous situations, the safeguards between an unbridled government power and the lowliest citizen are eroded; "authorities" begin to encrouch in small and seemingly insignificant ways, and freedom and individual liberties diminish.
Fourth, my role is to hold the State to the highest standard. If by adhering to all legal standards, the State can successfully prosecute a case, it must. But if the State attempts to take shortcuts, or fails to procede with integrity, it is the duty of the criminal defense attorney to see that the prosecution fails. Just as defense attorneys must be persons of character, so must the representatives of the State.
Fifth, by assuring my clients of fair and impartial treatment before the law, I can sometimes teach a lawless person new respect for the law, and - sometimes - assist in making positive change in an individual. Nothing feeds rebellion like hypocrisy; nothing can challenge lawlessness better than truth and justice. Even when my clients must be punished, they must be treated fairly. "An eye for an eye" was to assure equity, and the even-handed dispensing of justice requires a zealous advocate for the accused.
Finally (for now), and on a much more personal level, a personal goal is to salvage as many as possible. Sometimes, I get to personally participate in an epiphany; sometimes, it is my joy to facilitate change. Occasionally, clients decide they "just don't want to live that way anymore," and I get to help them find the help they need to begin a new way of life.
I'm a criminal defense attorney. I represent the criminally accused. And I enjoy my work.
Blessings,
mp
There are several aspects of my answer to that question, and, of course, any meaningful discussion of the question could take weeks. But let me at least give some food for thought.
First, - and many people forget this simple truth - not everyone accused of a crime is guilty! Accusations are made for a multitude of reasons; revenge, fear, misunderstanding, pressure, retaliation, posturing, and on and on. The Scripture says, "The first one to plead his cause seems right, Until his neighbor comes and examines him." Proverbs 18:17 Criminal defense is about that examination process. If you've ever been falsely accused, you may have a glimpse of the devastation that can occur - legally, socially, financially - when a false accusation is made.
Second, please understand that criminal defense can be practiced honorably by honorable men (and women, of course). My job is to help ascertain the truth; it is not to do "whatever it takes" to "get them off." I do not and will not lie, cheat, or steal to win a case. I will do everything legally permissible - indeed, I must do everything legally allowed - to zealously represent my client. But, I must be, and am, a person of character.
Third, the 6th Amendment was written by wise men who understood that every power needs boundaries and accountability. If we don't allow meaningful defense in the most heinous situations, the safeguards between an unbridled government power and the lowliest citizen are eroded; "authorities" begin to encrouch in small and seemingly insignificant ways, and freedom and individual liberties diminish.
Fourth, my role is to hold the State to the highest standard. If by adhering to all legal standards, the State can successfully prosecute a case, it must. But if the State attempts to take shortcuts, or fails to procede with integrity, it is the duty of the criminal defense attorney to see that the prosecution fails. Just as defense attorneys must be persons of character, so must the representatives of the State.
Fifth, by assuring my clients of fair and impartial treatment before the law, I can sometimes teach a lawless person new respect for the law, and - sometimes - assist in making positive change in an individual. Nothing feeds rebellion like hypocrisy; nothing can challenge lawlessness better than truth and justice. Even when my clients must be punished, they must be treated fairly. "An eye for an eye" was to assure equity, and the even-handed dispensing of justice requires a zealous advocate for the accused.
Finally (for now), and on a much more personal level, a personal goal is to salvage as many as possible. Sometimes, I get to personally participate in an epiphany; sometimes, it is my joy to facilitate change. Occasionally, clients decide they "just don't want to live that way anymore," and I get to help them find the help they need to begin a new way of life.
I'm a criminal defense attorney. I represent the criminally accused. And I enjoy my work.
Blessings,
mp
Labels: law
posted by mp at 11:21 PM
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