In Defense of Criminal Defense
People sometimes react strangely when they learn that I'm a criminal-defense attorney. On the one hand, some people are sort of predisposed to respect people who happen to be attorneys. I get the benefit of that sometimes, although not as often as I would have previously imagined. On the other hand, though, people are confused by the idea of defending criminals. A friend once asked me if I was revolted by the idea of having to say that guilty people are innocent. But that's not what criminal defense is all about.
First of all, criminal defense is not about defending criminals--it's about defending people accused of crimes. The difference might seem slight, but it's not. The difference between those two things is what makes our entire criminal-justice system, as flawed as it might be, one of the fairest, most admired justice systems in the world. I can think of two important justifications for the existence of criminal-defense attorneys: the need to protect the rights of the individual and the overall need for peace, order, and the rule of law within our society.
The criminal-defense attorney is the only person who takes the side of people accused of crimes. Every other actor in the system is, at best, neutral. Most are actively working against the interests of the accused. But the goal of our system is not high conviction rates. Rather, we want conviction rates that correlate with guilt and innocence as closely as possible.
We can look at someone that's obviously guilty and see the entire criminal-justice system as an egregious waste. That reasoning might make sense from time to time. But we also have to consider the case of the innocent defendant. It's easy to think that if someone's been accused of a crime, trials, juries, burdens of proof, and convictions are all mere formalities or, worse yet, affirmations of what we already knew to be true. But there are innocent defendants. Remember that Socrates, Jesus, and Superman were all criminal defendants at one point or another.
But perhaps the point will be better understood if you put yourself in the position of a criminal defendant. If you were wrongly accused of a crime, you would want an advocate who was familiar with the process, the actors, and the law. You would want someone to take up your cause and go to the mat for you. Without that advocate, you might very well be convicted and punished for a crime you did not commit.
So you need an advocate. But that's not enough. If we want fairness and justice and accurate results, we must assume that every defendant is innocent. That is the only way to make sure that those that actually are innocent are vindicated.
If every defendant must be honestly presumed innocent and every defendant that is presumed innocent must have an advocate, it follows that every person accused of a crime must have an advocate. And it also follows that it is the duty of that advocate to do everything within the law to protect his client's interests.
The criminal-defense attorney also ensures that all the other actors--judges, prosecutors, police officers, probation agents--act in accordance with the law. Although it may be rare, judges make mistakes, prosecutors overstep their bounds, police officers violate citizens' rights, and probation agents fail to follow administrative procedures. Again, if we focus on the innocent defendant, we see that the criminal-defense attorney is vital. We all agree that we want criminals caught and apprehended, but we also all agree that we want legal actors to act in accordance with the Constitution, the statutes, and the law generally. Criminal-defense attorneys act as a balance to ensure that all the other actors do everything they're supposed to and nothing they're not. It's another example of checks and balances in our government.
In the end, criminal defense is just as much about Truth and Justice as criminal prosecution. It is the goal of the system to achieve the correct result, and defense attorneys are bound to act in ways that will help the system accomplish that goal. We fight tooth and nail for our clients, but we do so honestly, forthrightly, and with integrity.
So, no, I don't find criminal-defense work revolting. To the contrary, I love it. And I am proud of the work I do.
April 2009












