
Again, to serve up some crimetalksoup. Losing sleep FOR YEARS…how Dershowitz could POSSIBLY cuddle his kids at night with Claus’ blood on his hands? How did Kanarek live to be 100? For Cochran and Kardashian were duly chastised…right? O! The woes of defending the reprehensible. For, surely, such a legal capacity reserved for the ethically challenged attorneys? Personality-disordered proctors? Power-hungry mouth-pieces?
Ted Bundy, Charles Manson, John Wayne Gacy, BTK, Charles Stuart, OJ Simpson, Scott Peterson, Drew Peterson, Michael Peterson, Casey Anthony. Jodi Arias, George Zimmerman…you know them. Most importantly! I KNOW THEM. Studied them, Dreamed of them. Ruminated over them Scorned them. Damned them. The DREGS of society…sinners so guilty that their defense is indefensible. Their crimes so heinous – their lives so worthless. Why do they, really, deserve a nanosecond of deliberation. They are human garbage. They all brutally and premeditatively murdered. Let them rot. Well…can’t help how I feel. Not saying it’s fair. Not saying it’s ethical. Let’s discover what I need understand. For am I so very mistaken?

There’s no issue as entangled and subjective as morality. For centuries, it has been a controversial deliberation and it will continue to be so. What is right? What is wrong? What is meant to be a good person? What is meant to be an evil person? How do we reconcile these dichotomies? And, conceivably, the most glaringly palpable representation of this ethical dilemma of morality can be seen in the realm of law – of BEING a lawyer. And to me, this question is best elucidated in considering the role of a defense attorney.
Moral dilemmas present in different arenas. What of the trauma nurses who took care of Boston bombing suspect Dzhokhar Tsarnaev? The physicians scuffling to put back together President Kennedy’s skull? For they don’t get to pick and choose their patients. The policeman having to protect Timothy McVeigh from a possible vigilante?
The three public defenders assigned to Tsarnaev would have been similarly constrained. But what about the two prominent defense lawyers who have offered their services? Why choose to represent a man accused of turning the Boston Marathon finish line into a war zone? How about the legal defense assigned to represent Cleveland’s Ariel Castro? How can they fight for this serial kidnapper and rapist? And what about the attorneys for the recently acquitted but still controversial George Zimmerman? Do they really believe he is completely innocent of any wrongdoing in shooting an unarmed teen?

For a criminal defense attorney who considers representing a probably guilty client, a “moral dilemma” would soon have a practical dilemma: that is, being unemployed. I seriously don’t understand why a person would NOT have some kind of moral problem with representing a guilty person. It’s dishonest, as your job is to undermine the prosecution’s case, not to tell the Court that your client is guilty. However, you can present legitimate evidence that could be considered exculpatory (if there is any). You can seek to exclude illegally obtained evidence. You can cross examine the prosecution’s witnesses to undermine the value of their testimony. So…None of this involves telling any lies. For EVERYONE has the right to an advocate to argue the insufficiency of the prosecution’s case, present legitimate exculpatory evidence AND make legal arguments on their behalf. Thus! Where is the moral dilemma? If a guilty person goes free, so what? Guilty people go free all the time and many are not ever captured nor prosecuted. For there may be no evidence that they committed a crime. What’s the the problem? If someone committed a crime against me, I most surely would want them to be punished. I wouldn’t EXPECT that they would definitely be HELD ACCOUNTABLE and castigate society as improper if it didn’t happen. But! Shit happens. Legitimacy is a dream. A passion. Something we can hope for but not expect. In all this I suspect my motivations and convictions are intimate, personal, exclusive. Difficult to articulate. In “To Kill a Mockingbird”, there is no more compelling a figure than Atticus Finch defending a wrongly accused poor black man. So… who am I to judge the intentions of either a prosecutor OR a defense attorney… is it not, in the end, the job of the jury to decide? My conjecture, which is rather shaky, is that people may ‘select’ themselves into a category their morals (or lack of) may decree. For instance, is it more familiar to see people with more rigorous moral beliefs (including religion) as prosecutors , while defense attorneys may not think of their religious affiliation as a guiding principle? Just a thought.

Another thought… Is protecting the rule of law is the main reason why lawyers defend their clients, no matter what? If those attorneys didn’t do that, it would be up to the police to determine the guilt of a person. Yet, how can criminal defense attorneys defend “guilty people?” However, no one ever asks, “How can a prosecutor condemn an innocent person?” Or…what if that innocent person was found guilty and unfairly sentenced to death or years of imprisonment? Is this the reason it’s so important for defense attorneys to ferociously defend their clients? In the end…who can really tell if a person is guilty?
I can, especially today, also see a trend of, especially young persons and persons of color being attracted to the defense attorney position…a trend towards “activism” who may be compelled to the draw of becoming a defense attorneys. In this case, is it not a ‘moral’ goal to uphold their political agenda, sometimes by getting a known criminal acquitted, in order to effect social change? I don’t know, although It may appear, in this instance, as though “the ends justify the means,” for them. To get one or several criminals released …might it not send a message to THE SYSTEM for a positive change in social justice? I don’t know. Just thinking out loud…
The truth is whether the accused is guilty or not guilty us moot. The ‘accused’ is entitled to a fair trial. And a defense attorney is hired to ensure that fair and just procedures are followed. He has a double burden; first, to defend his client against the accusations made. And next, to commit to defend them against the system- to ensure that any sentence received is fair and without prejudice. A defense attorney must stand in front of a judge, a prosecutor and a group of jurors, who are carefully selected to present a ‘sound’ case to these jurors. For him it is to ‘assume that a defendant is guilty until proven innocent’. Do you see this? My point. Doesn’t this defy our Justice System? Is this not paradoxical? Truly! A dilemma I so entrenched in ethical, professional and moral arguments…and for some, it’s ALL about WINNING. For Jose Baez: SHAME ON YOU! For Johnnie Cochran et al: SHAME ON YOU! For Alan Dershowitz: SHAME ON YOU! And, most fundamentally, Misters Shoen, Castor and van der Veen: SHAME on you!

I have learned a lot. I am more able in recognizing the legal and judicial implications to ensure a fair trial, something EVERYONE, guilty or not, is awarded. However, some things continue to confound and rattle me. That is, to what extent do the ‘stories’ presented in defense of an accused cross that ‘moral’ boundary? How much is allowed in court before a line is drawn to protect human decency? When does one’s virtues and conscience intervene to question integrity? Well…to me, ‘getting the job done’ necessarily implies NEVER compromising principles and decency. However, there will always be those that believe WINNING is tantamount, leaving behind broken ideals and broken people. PLEASEREADTHIS🗽

























