Do Criminal Defense Lawyers Get The Shaft in Court?

Stories abound of criminal defense lawyers being held in contempt of court when they cross that invisible line between prudent argument and setting the judge’s wrath afire. It has caused many a legal expert to question whether or not there is an inherent bias towards the prosecution in many cases around the country. It would only make sense after all from a political standpoint. The most powerful people in the system often include the D.A. This can have a particularly strong impact on how a judge might proceed in his political future. Of course, there are other considerations as well. Is there a difference in how the two sides are treated?

One might be tempted to say, “Well, who cares? Most of the defendants are guilty anyway,” which is true, but nonetheless the wrong way to look at it. If any extra consideration were to be given to either side, it would have to be the criminal defense lawyer, and not the prosecution. The way the system is set up, the defendant is to be viewed as innocent until proven guilty. Yes, the vast majority of defendants have committed their crime and they will, at the end of the trial, be convicted. This is simply the truth. But that doesn’t mean there aren’t innocent people fighting for their freedoms in court every day.

Our legal system was set up in such a way that many experts view it as such: Better that 100 guilty men go free than 1 innocent person be sent to prison. The American public likes nothing more than to get up in arms when a Casey Anthony or an O.J. Simpson gets off even in the face of what seems like overwhelming evidence. And while those cases may not be directly comparable in terms of the evidence, there is certainly something to be said for the fact that both parties were deemed guilty in the eyes of the public. Nevertheless, juries voted to acquit in both cases.

While these may seem like miscarriages of justice, legal experts argue that a far greater injustice would be done if one of them had gone to prison (or death row), while being innocent of the crime. And this is how the criminal defense system works. When judges and state bar associations show preferential treatment for those that work tirelessly for the prosecution, that system gets perverted to some degree. Now, is that to say there aren’t flashy defense lawyers who flaunt the rules at every given opportunity? Certainly not. But they should be subject to no stricter rules than those who stand up and claim to fight for truth, justice, and the American way. Because when it comes down to it, criminal defense lawyers are doing the same thing.