Sunday, January 29, 2012

The morality and ethics of being a Public Defender

Why is it that we as Public Defenders get portrayed as unethical or dishonest, whereas prosecutors are constantly glamorized (Law and Order, etc.). Don't get me wrong, prosecutors perform a very important role, and I have had the pleasure of working with some great ones. I could see myself working as a prosecutor one day. I think, though, that my position requires a lot more discipline and stringent adherence to ethics than people realize.

If a prosecutor has a case they don't think is warranted for whatever reason, they have the power to drop it. I, on the other hand, have to abide by my client's wishes as far as a plea goes. They can confess to me, and I still have a duty to put on my best possible defense if they want to go to trial. It isn't easy or fun to know that a client molested a child/killed someone/or brutalized someone, and yet still do your absolute best to get the best possible outcome for them. It really takes dedication to adhere to the Rules of Professional Responsibility that we, as attorneys have promulgated.

And to all the people that wan't to complain about defense attorneys (when they are ethicall representing their client); this is the system we have chosen in the United States. It is an adversary system. It doesn't work the same way in Cuba or China. We, as a society, have made the decision that this is the best, most accurate way to decide guilt or innocence. It has it's flaws, but look at some of the alternatives, and you might cringe.
I don't like child molesters, thieves, wife beaters or robbers. That isn't why I do the job. I do it because someone has to do it for our system to function. If defense attorneys and prosecutors both do a good job, the right result will usually be reached. The system isn't perfect, but all we can do is work ethically and obtain justice to the best extent it can be

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