Thursday, April 22, 2010

Our Criminal Courts - The role of the defender

Imagine a young adult, went to friends and family and asked to defend your country in a foreign country. One day, while on watch by train, you are suddenly surrounded by a group of hostile, threatening the people - a mocking, jeering mob, probably armed, and stirred by faceless voices in the darkness they called on, fire rage. A shot - your train returns fire - and the next day, you will be dragged into court and charged with murder. Her case isSet for trial purposes, and the only jury is out about the same amount, the threat it was made the night before.

The critical role of defense counsel

Defence lawyers have called on our system of justice for a variety of tasks. They tell their customers what happens and make sure that every defendant knows his rights, and is aware of what is happening. A defender of the law with the protection of these rights is raised, and to ensure that the clientreceive the protection afforded to every citizen by our laws. The lawyer, takes over the handling of the prosecution to call and examine any witnesses in court and do whatever the law allows to prevent his client from harm - or at least to minimize the damage. This means, against the prosecution's case, their behavior, and on occasion, the very laws govern the case.

We often take these protections for granted, or deride it as mere "formalities" that do little to enable, butcriminals to escape justice. It is easy and often tempting to dismiss defense lawyers (and, for that matter, all lawyers) than professional hacks whose only function is to confuse confuse juries and courts. And sometimes when it comes to people who are clearly guilty, it may seem that an unnecessary waste of defense lawyers who are only in the way of protecting people from the worst elements of society. But just as crime in a variety of shapes and sizes, are criminals oftenindistinguishable from the normal citizen, a fact that some of us only came to realize when we are on the defendants' table sat show with their fingers at us. It is then that we realize how critical a strong, independent defense bar to a free society - so that the citizens of the acts of their own government challenge. Viewed in this light, is the foundation of American freedom our right to the rules that we all have agreed to live in order to defend ourselves in an insertpublic institution, where the actions of the same government, we must condemn the show that we should have broken the law.

Defence lawyers are difficult not only to all other life. And their job is a critical, if often misunderstood to protect against tyranny. Imagine what would happen before, if the government could decide to jail - without the disorder to subject their actions to the test of law. The freedom of us all in the hands of the government beBureaucrats people - like all others, their likes, dislikes, prejudices and have minor complaints.

A freedom of Safeguard

To a large extent the right to protect us from thugs exist. But without the means to counter the actions of our own government, there would be little protection for the welfare of the citizens against a tyrant who's a cop or a prosecutor badge wear a suit or who happen to enjoy the friendship of someone, for justice means doing the right thingby his friends. And if you should ever find themselves on the wrong end of the action taken by the government, you will find that the ability to get on the right to defend themselves resort of crucial importance. Among the first victims of Nazi Germany and Stalinist Russia was the independence of the courts and the legal profession. Once these bulwarks against tyranny fell, there was nothing to protect ordinary people against the unbridled assertion of state power - no matter how absurd, petty, orit could be malicious. But it is rarely the government to attack its own citizens directly: Instead of the attacks against marginalized groups, which are that no one would defend, and all seem to be a threat to national security. Unfortunately, these threats never seemed to end, and so continued knocking on the doors of the enemies of the state, when the Government is required to fight the search for new enemies and new threats to be feared.

The example cited of the aboveis one of the most famous debates in American history - told from the side of the defendant, rather than the victim. It was the Boston Massacre, which England came at a time of growing tensions between the colonies and Great. The encounter between soldiers and the angry mob led to shots - no one knows for sure who first released, although some comments indicated that it was a British soldier was shocked - and cash in a country without a strong defense, the young soldiersprobably have been quickly taken out and hung, if not by law then by the mob itself.

Thanks to a courageous lawyer in Boston, was awarded the defendants a fair trial and most were acquitted on grounds of self-defense, despite the feelings of the mob. A few were on the lower costs found guilty of manslaughter and released - the right decision when emotions and provocations excuse not quite murder, but to make it less of a scandal and a fallible humanResponse to extreme stress.

The defender was a prominent member of the State Bar, and later served his country in a variety of ways - statesman, ambassador, who signed the Declaration of Independence and the second president of the new United States.

It was John Adams ... Patriot and rebel, for the defense.

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