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Friday, November 20, 2015

Prosecutorial Misconduct and the Public's Perception of Criminal Defense

One of the most recognizable lines in television history is the introduction to NBC'sLaw & Order:
In the criminal justice system, the people are represented by two separate yet equally important groups: the police who investigate crime and the district attorneys who prosecute the offenders. These are their stories.
A colleague recently questioned that intro, asking, "Where are the criminal defense lawyers?"
It is a valid question; there can't be true justice without the ability to defend oneself. But many times, public perception perches a white hat firmly atop the heads of prosecutors while painting defense attorneys as black-hatted villains.
However, we don't live in a world where police and prosecutors always pick the right suspect. We can't say they always protect defendants' rights. We know that everyone makes mistakes. If every prosecutor was only focused on justice, rather than seeking a conviction, there might be no need for defense attorneys.
You see, it is not the defense attorney's job to help criminals get away with breaking the law. It is not our job to keep "the bad guys" from paying the price for their actions. Our job is to make sure prosecutors do theirs.
Recently in Oklahoma City's federal courthouse, a former missionary was convicted of multiple sex crimes against seven children at a Kenyan orphanage. Matthew Lane Durham, now 21, was 18 when he was accused of sexually assaulting six girls and one boy at the Upendo Children's Home.

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