There is a question that a lot of people ask of the defense lawyers of today. Why do they try to make guilty people walk free of their crimes? The problem lies in the question. There is a general mindset of the outsiders to the profession that the sole purpose of a defense attorney is to make their client walk free. This is obviously going to contribute to the role that is being played, but it does not define the attorney, nor does it control their actions. “Defense” is a word that is misinterpreted in this occasion. If you are a fan of sports, you may have heard the saying “the best offense is a good defense”. This is actually a sound principle. However, it doesn’t really apply to the field of law. The purpose of a lawyer in any capacity is to serve justice. Just like it isn’t the goal of a defense lawyer to get the client off, it isn’t the goal of the prosecutor to put an innocent client in jail.
The law is the law
Lawyers exist to uphold it and ensure that it is dealt to all whom it applies to. Whether an international arbitration firm or a criminal prosecution firm, the law is the same. Justice remains to be served to the defendant, no matter how innocent or guilty they are. For the most part, the client who is being sued is guilty of the crime they are accused of committing. The problem lies in the scale of the crime they are being accused of. For example, someone may be suing a pickpocket for having made off with jewelry worth over $1000, when the actual cost of the jewelry was much less. It is not the goal of the attorney to get the defendant off scot free in this case, but to ensure that they are punished for the crime they committed, and not the one the opposition SAYS they did. Justice.
What about the truly innocent?
Whether you are a lawyer for an international arbitration firm or a district attorney’s office employee, you are sometimes going to be asked to defend a client who is innocent of the charges against them. This is where the going gets tough. In a situation like this, there is the issue of it being absolutely impossible to get them off completely. In this scenario, the only option left for the defense attorney is to try and get the defendant a lighter sentence.
A huge contributor to the defendant not getting off completely is that they believe their innocence is a shield which no prosecution can penetrate. This is wrong and silly. If the opposing counsel has a good case, they are bound to find some loophole in the defense that will allow them to show something that isn’t true.
Harold Prado March 21st, 2016
Posted In: Business Services