 Perhaps
the greatest calamity that can befall a human being in our
society is to be charged with a criminal offense. Based on
mere accusations, the government, through the machinery of
criminal prosecution, focuses its formidable powers against
the individual. Amassed against the accused will be the prosecutor,
the police and often times the general public. The process
may rend apart the accused's family, alienate his friends
and destroy his own feelings of self worth. He will be forced
to undergo public proceedings, many of which he may not understand
and in which the prosecution will constantly point the accusatory
finger as if to say "By his deeds, he is no longer one
of us." Very often the stakes are high. A judgment against
the accused may require him to forfeit his property, his freedom,
even his life. Into this breach steps defense counsel. Sworn
to protect the client's interests to the best of his ability,
defense counsel, too, may incur the wrath of public disapproval,
but his solemn oath will require him to provide the best defense
the law will allow no matter what the personal costs. Armed
with little more than his wits and his knowledge of the criminal
law, he will become the voice through which the accused will,
in effect, do battle with the awesome powers of his own government.
Our adversary system requires no less than that defense counsel
become a "brother in arms" to the accused in this
battle. Defense counsel must be prepared to stand a fight
for his client against public outcry; he must stand and fight
for his client throughout his trial; and he must stand and
fight for his client at the time final judgment is entered.
Such a system is not efficient. It is not designed for "swift
justice". Indeed, some would say that it is not designed
for "justice" at all. But if posterity judges a
free society by how it treats its individual members, it should
be of considerable consolation to us all that our system does
not require an accused to stand alone. |
