10. The role of defense counsel: defending the "guilty"

The role of defense counsel is often attacked by those in America who do not seem to realize that their rights as citizens are on trial in every criminal case: and the person defending those rights is the accused and his or her attorney.

Criminal defense counsel is the lawyer there to protect the rights of the accused and to force the State to prove its case. In that respect, it is irrelevant as to whether the accused is innocent or guilty...his or her rights are vital and must be protected. One should remember that the State hires and pays the judge, the prosecutor, the police, the criminal laboratories, and the only "champion" of the accused is the defense counsel. A vigorous and aggressive defense is required in every case, even those cases which ultimately will plead out, since only such a defense will minimize the results of the plea bargain and maximize the chances for acquittal. For those who question how criminal lawyers can defend those accused of heinous crimes, one must answer that the accused is innocent until the jury determines otherwise and even if the accused admits guilt to the defense lawyer, the accused still must be protected from any effort of the State to short cut the precious rights granted to the accused for a fair trial with competent defense and the entire panoply of protections granted under the Constitution.

Criminal defense counsel, charged with protecting our vital political rights, are the ones usually paid the least and vilified the most among American lawyers. But they are also a dedicated bar, tough and resilient, and well aware that it is they who argue the Constitution in our courts far more often than the civil attorneys who seem to be engaged in disputes about money more than about legal rights of citizens. Used to confronting a hostile press, a professional prosecutor's office and well trained police witnesses, a good defense counsel shrugs aside those aspects of his or her task and confronts the system with realistic and practical defiance. We are lucky to have such a bar...and if you do not believe the writer-you will if ever unlucky enough to be charged with a crime! It will be you and your defense counsel against the State and at that moment you will fully understand the critical role of your defense attorney.