One of the things that non-lawyers were often incapable of grasping was the ability of criminal defense lawyers to separate their zealous representation of clients who committed egregious acts from the conduct itself. How, people regularly argued, could you defend a heinous murderer without being a supporter of the heinous murders they committed? After all, if the crimes were appalling, then defending those who committed those crimes was no less appalling, no less supportive of their commission than those who actually committed heinous crimes.
Nah. We defend because defending the accused is a critical part of the system that distinguishes between the guilty and the innocent, that holds the government to its burden and makes certain that the person accused, no matter how heinous the accusation, has been afforded the protections our system requires and has been proven, beyond a reasonable doubt and upon only competent and admissible evidence, to be guilty. Without this, the system fails and trust in the system, which is more important than the conviction of any individual no matter how heinous their crimes, fails. Continue reading →