O. J. Simpson, Casey Anthony, George Zimmerman, Donald Trump ... pick your favorite villain. There's someone out there who you are certain "got away with murder." It rankles, doesn't it? Makes you doubt our system of justice. Me? I'm just as guilty, though I worry more about the uncounted criminals who "get off on a technicality" when everyone involved knows they're guilty—including their own attorneys.

In the court of public opinion, we are all vigilantes. And that's a problem.

We have a lawyer friend who has seen our criminal justice system from several angles, having served for years as a prosecuting attorney, and for years as a defense attorney. I well remember a somewhat heated discussion with him, which started when I mentioned that I like the British system, in which a defense attorney, if he becomes convinced his client is guilty, must step down. (As I understand it, that was at least the case in the past. For all I know it might have changed.) Our friend is a gentle, mild-mannered man, but he vehemently disagreed, insisting that even the most guilty person is entitled to the best possible defense his attorney can provide. Maybe that's why the British attorneys stand down, figuring they can't do their best if they believe their client guilty. Apparently American defense lawyers have no such inhibitions. At least not the good ones.

All that to say, when a lawyer takes on what we believe to be the "wrong" side of a case, that doesn't make him a villain. And when a jury returns a verdict we disagree with, that doesn't make them wrong. They're all doing their jobs, and vitally important jobs they are.

In litigation, sometimes even when you win, you still lose. — David Freiheit.

In the American justice system, one does not need to be proven innocent to be acquitted. Because "innocent until proven guilty" is a bedrock principle, the burden of proof is on the prosecutor, who must show the accused to be guilty "beyond reasonable doubt." Small wonder that We the People, inflamed by media coverage, believe we know better than those who have seen the evidence and heard the arguments. We want to see our version of  justice done without any respect for or patience with the due process guaranteed every one of us. Yes, the system sometimes fails, sometimes makes mistakes; I've seen it fail among our own family and friends. But vigilante "justice" is a terrifying prospect. It's time to reprise A Man for All Seasons again.

Current society is taking vigilantism to new heights. It's long been true that many of those found not guilty in law courts have nonetheless had their lives ruined (or even ended) by the opposite verdict from the court of public opinion. Now, however, the "String him up!" reaction extends not simply to the former defendant, but even to his attorney, as you can see in the following video.

If you are thinking of becoming a lawyer, and you are so sensitive to the thoughts of others that you sometimes require protection from them, you probably want to find a new line of work. — David Freiheit.

I never had aspirations of becoming a lawyer; I don't think I have the right personality. But even I can see that what this unnamed law school did to attorney David Schoen—rescinding a teaching offer in fear that Schoen's previous job as an attorney for President Trump would make some students and faculty feel uncomfortable—is doing a tremendous disservice to the students they hope to prepare for legal practice. Not to mention to society as a whole. Don't take my word for it; Freiheit says it better.

People don't seem to fully appreciate how dangerous a practice this actually is. — David Freiheit.

Posted by sursumcorda on Monday, February 22, 2021 at 7:09 am | Edit
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I remember cringing some years ago when I heard someone praying that a defense attorney needed to repent for getting someone off on a technicality. He's just doing his job! Blame the people who wrote the law badly, so the technicality existed. Though I guess I'm more sympathetic to a defense attorney paid by the state to defend an impoverished client than I am by someone who chooses to defend a wealthy client because he'll make big bucks doing so. I strongly doubt that his motivation is a concern that justice be done.



Posted by Kathy Lewis on Monday, February 22, 2021 at 4:37 pm
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