Posts Tagged ‘police’

Criminal Defense Attorneys And The People They Really Protect

December 16, 2010 Leave a comment

Note: this is the first part in a three-part series on the criminal justice system.  See part two: “Prosecutors And The “Technicalities” That Set Criminals Free”; part three: “Prosecution v. Defense And The Constitution That Binds Them.”

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At some point in your life, whether at a cocktail party, holiday party, or as part of everyday casual conversation, you have probably been involved in a discussion on criminal defense attorneys.  And at that point, you were probably either defending or criticizing defense attorneys.  Such criticism usually includes the fact that some criminal defense attorneys are just greedy individuals who will defend anyone to make a quick buck, some do not care whether a criminal is set free to harm others once more, and some may flat-out lack a conscious and will defend even repeat child molesters.  I, like many others, agree that not all criminal defense attorneys are perfect.  Unfortunately, however, nearly every profession is afflicted by individuals consumed with excessive greed, with a disregard for humanity’s well being, and with a lack of conscious that results in a disconnect between society’s mores and their own.

Nonetheless, it is important to remember that criminal defense attorneys are not just defending “criminals,” they are more importantly defending your constitutional rights.  To the average person the import of such a notion may not be as striking as it is to a student of the law, and for that reason, the forthcoming examples highlight some rights that have been defended for the good of society.  Problems here abound between the role of the government and its ever-increasing emphasis on detecting and eradicating crime versus the role of individuals and their rights to be secure in their “persons, houses, papers, and effects.”  More specifically, at some points, the government, whether advertently or inadvertently, intrudes upon the rights guaranteed to “the people” under the Fourth Amendment, which guards us from “unreasonable searches and seizures” absent “probable cause.”

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