Originally Posted by D Yizz
In any case, the defense attorney is not trying to get a criminal out on the street. His job is to guarantee that his client is afforded due process of law. In the big picture, he is guaranteeing due process to his client and to anyone down the line in a similar situation. Yes, it may sound poetic and yes, no victim of crime will understand it (probably not even me if it were the case) but that is the way the system is construed, and the only way to change it, is to change the Law/Constitution. BTW, try explaining a constitutional right to bail. Yes, we have that here, and it's been under fire for years.
This all sounds very nice, and it's what we tell people as criminal defense attorneys all the time to make them feel nice and tingly inside, but it's not quite true. If I read a file, and conduct an investigation, and determine that my client's constitutional rights and due process rights were not violated, and he's guilty of the crime that was charged, I will still try to exploit any weakness I see in the State's case to get the best possible result for my client, including an acquittal or dismissal if that's possible. I would never lie for a client, but I will put the State to its proofs, regardless of whether my client is guilty or not or whether his rights were violated or not.
The way I see it, the other side has all of the power of the State and the government behind it, including all of the resources that go along with that. All my client has is me. If all of that power on the other side is not enough to secure them a conviction, well, that's their problem. I don't feel bad for them at all if they lose, no matter how much of a bad guy my client is. It's not on my conscience of my client goes free, it's on the prosecutor's and his investigators. They're the ones that didn't do their job right.
Btw, lesson number 1: If a child accuses your client of sexual assault, never refer to that child as a "victim" or even an "alleged victim." They are always to be referred to as the "accuser."