In every sensationalized court case, you see them on television – the lawyers defending clients that are either certainly or undeniably guilty. People commonly wonder what sort of person would want that job. How can they defend murderers and criminals capable of other heinous acts? Some might assume they were in it for the money, or that they lack the skills to practice another kind of law. But these assumptions are very wrong. Criminal defense lawyers uphold the system of justice that the United States takes pride in. The Sixth Amendment of the Constitution guarantees every person the right to counsel for their defense, and even when the job is incredibly difficult, someone has to do it or the legal system in this country wouldn’t be a model for the rest of the world. Most criminal defense attorneys take pride in the fact that they can help ensure that someone gets a fair trial, and that “innocent until proven guilty” means exactly what it should.
1. Why Do Lawyers Choose Criminal Defense?
Despite what you might believe, the money can be considerably less than what lawyers in other areas of specialty make. But criminal defense lawyers can feel passionately about their chosen field, not because they want to defend guilty clients, but because they want to defend innocent ones. The police and court system can be overwhelming, hostile, and even corrupt. Many times, if you are wrongly accused with a crime, you have the decked stacked against you already with the system already convinced you are guilty. Most people don’t have O.J.-level finances to form a top-notch defense team. The criminal defense lawyer is necessary to combat a flawed system and get to the truth, not what everyone assumes is the truth.
2. What if the Client is Guilty?
Criminal defense lawyers rarely begin a case knowing that their client is guilty. But often, when they are presented with the majority of the evidence, it becomes clear that they are, and usually this evidence is so overwhelming that they will surely be convicted. At this point, a lawyer can typically negotiate a plea bargain for their client or simply make sure that they receive a fair sentence. Criminal defense lawyers aren’t trying to let criminals go free. They’re fighting to keep the system fair, which means the guilty deserve whatever punishment fits the crime. A good defense lawyer is not condoning their actions, simply making sure that justice is served from all sides.
3. What is the Job Really Like?
The life of a criminal defense lawyer is not very glamorous but it is almost always varied and unpredictable. They often go before the judge over various aspects of different cases every day, like bail, restitution, and community service. They might travel long distances to meet with clients in jail, or even investigate cases themselves to further understand the facts. During a court trial, their days can be long. If they are involved in a high-profile case, the job can be more harrowing due to interest from the media or local public. Being a criminal defense lawyer can be isolating and difficult, especially if you don’t have a lot of support working for the presumption of innocence.
One of the first criminal defense lawyers in the United States was John Adams, who successfully worked to ensure a fair trial for British soldiers who killed five men in Boston in 1770. The amazing way this case was decided on evidence and not bias helped lay the foundation for the entire American justice system. Modern criminal defense lawyers are a part of this legacy. They are advocates for the legal system more than anything, and the absolute necessity of justice for the accused.
– Kara Martin writes for forensics blogs. If you’re considering a criminal justice career, check out her blog at http://bestcriminaljustice.com.
