Whenever criminal defense lawyers talk about the constitutional rights of defendants, someone will respond by telling us we would feel very differently if it was our child who was harmed. And they are absolutely right, but irrelevant. I would do anything, sacrifice anything, for the sake of my children. What parent wouldn’t? But that’s because they’re my children. Policy must concern itself with what’s best for society, not what’s best for my children.
I can’t blame any parent for putting the welfare of his child above the welfare of society. I also can’t blame any public official for putting the welfare of society above the welfare of a child. This is a brutal thing to say, and I fully appreciate why any parent currently dealing with the harm faced by his child to reject it, to be outraged by it, but it nonetheless has to be said. Continue reading
