Defense attorneys get a bad rap.
I’ve said many times before that the men and women on the front lines of law enforcement are my heroes, and prosecutors are my favorite kind of attorneys. That’s true, but I have tremendous respect for defense counsel, too.
I believe police and prosecutors are vital to maintaining an orderly society. Thankfully, most people dutifully follow the law and would do so even without the threat of prosecution. Good people know right from wrong.
But for those few who refuse to abide by the rules, police and prosecutors are how we hold them accountable.
Defense attorneys play that same role in court, except it is the government they must hold accountable.
Over the course of my career, I testified many times, both as an expert and as a fact witness. With a few exceptions, I always had tremendous respect for the defense attorneys on the other side, even when they cross-examined me with zeal. Many of them were wicked smart, shrewd and polished in court, and genuinely respectful outside the courtroom. They have an important job: They make sure the government follows the rules.
They also play a crucial role in protecting the legitimacy of our system. If the public thought the government’s prosecution and incarceration of its citizens was the product of a one-sided process, or if unsophisticated defendants were ‘railroaded’, then they would lose confidence that our system is fair and just. But that’s not how it works in America. Everyone is entitled to a defense. Defense counsel levels the playing field.
The vast majority of police and prosecutors are honorable, trustworthy, and effective. Just like the average citizen, they don’t have to be made to follow the rules. But knowing that its work will be scrutinized and challenged when it falls short forces the government to do its best. Defense attorneys keep the government honest, and honest government is good for us all.
This amicus brief filed with SCOTUS by the National Association of Criminal Defense Lawyers on a Fourth Amendment question reminded me of the vital role defense attorneys play in protecting individual rights, the legitimacy and fairness of our system as a whole, and fealty to the Constitution.
Tip o’ the hat to FEDagent for highlighting this case in their newsletter. Longtime subscriber.