Why We Do What We Do

Apr 18th, 2007 by Mark Bennett

Didn\\\'t Like ItLiked It (No Ratings Yet)
Loading ... Loading ...

Posted in Uncategorized

Tags:

Here’s a fairly cogent explanation from non-defender Randy E. Barnett of why defense lawyers should keep fighting even for people who aren’t factually innocent. The meat of it is this:

Criminal lawyers are constantly asked how they can live with themselves defending those guilty of serious crimes. The full and complete answer ought to be that, because we can never be sure who is guilty and who is innocent until the evidence is scrutinized, the only way to protect the innocent is by effectively defending everyone.

Barnett’s “full and complete answer” is missing a hugely important component: punishment. Anyone found guilty (legally guilty, as opposed to factually guilty) should expect to have a lawyer fighting to minimize his punishment. I would add this to Barnett’s formulation:

Because we can never be sure who deserves what punishment, the only way to protect those who don’t deserve the crushing weight of the government’s retribution is to effectively defend everyone.

Technorati Tags: , ,

« Factual Guilt vs. Legal Guilt
Different Sorts of Justice »

Trackback URI | Comments RSS

Leave a Reply

By submitting a comment here you give me permission to use your words in any way I like, including editing them for clarity, brevity, or content, as well as rearranging the words or the letters within them to change their very meaning. Those who engage in anonymous ad hominem attacks are the car-keyers of the internet, and will not be tolerated. If you engage in such attacks, I may edit the post to show your name or to make it appear that you are attacking yourself. Or both. I don't have to let you comment here. Don't do so for blatant marketing purposes; do so only to add to the discussion. Once you click "submit comment" you have given up all interest in your words to me, and have no further interest in your words. You agree never to sue, grieve, or complain to anyone about the use that I make of the letters you have typed. If you even threaten to do so, you agree that you will be held up to eternal public ridicule.