Presumption of innocence is a very important principle and scholars make it the foundation of the criminal justice system. In reality, I must say the public do not see it the same way. When my clients, like teachers, are accused of sexual assault against young students, the takeover by the media creates the impression they are guilty and that's it. I learned that from them through the years and believe me, this is the real life. Even acquitted, they tell me it changes nothing in the population in general. For the mass, you are guilty when you are accused and only you get away with it when defended by a good lawyer.
That is the reason I personally don't say these things anymore after practicing over thirty years in the field. I had to think a lot about the question since being asked so many times. Through the years also, I must say, the answer changed often due to experience. I remember sometimes saying ironically I do it because clients pay me. People understood more by that simple answer than all text books explanation. Let me tell you today how I think about this simple question.
When you practice my profession, you soon realize you are all alone in a courtroom. Everybody is against you, clerks, district attorneys, police forces, public, medias, and very often judges. You are alone in this world with your client and sometimes, even he can become hostile towards you. If this is the situation, imagine you are defending him with a prejudgment of guilt also.
What if everything points toward guilt and you don't see that he gets an adequate defense, what are his chances? What if it looks like he did the crime but in fact, he is really innocent and claimed it from the beginning? That's the main reason why lawyers should never judge their clients, but let others do it, which they will, don't worry about that.
Moral guilt has no importance whatsoever on our side of the practice, and never the question should rise in cases. Our clients can be guilty at it's face but it is not our concern. We have to make sure the people can prove it and that's all what matters. This by the way does not mean defense attorney's are immoral and have no sense of decency in our society. I always claim the contrary, you have to be clean in your life to think like that, otherwise, you lose credibility in court growing older.
All that I say here is exactly what the Supreme courts of Canada and United States ask from defense attorneys. Use all the aspects of the law in our defense and make sure that no government can condemn suspects outside the due process of law to obtain beyond reasonable doubt, legal guilt.
Post a Comment