Why Do People Need Lawyers?
Returning to some themes discussed recently by Michael Dorf (Are Lawyers UNIQUELY Amoral?) and Paul Horwitz (Attacking Firms that Represent Guantanamo Detainees), I'm intrigued by the public's continuing dismissive attitude toward defendants who ask for lawyers. TV cop shows, including the best ones ("Homicide: Life on the Street" being my all-time favorite), always present a lawyer as an impediment to achieving justice. "He lawyered up" is a common complaint from investigators. Along similar lines, the New York Times recently ran an article describing how criminal suspects almost compulsively feel the need to talk. The article quoted a criminal attorney saying that she always tells her clients simply to shut up--but they rarely do.
From the public's perspective, this is apparently good news. If guilty people feel the need to confess, after all, why are those amoral lawyers telling them not to do so? Those of us who have been through law school know the answers in the abstract, but I've been pondering whether it is possible to find a compelling example that would make it clear that justice can be advanced when people refuse to talk to the police until a lawyer is present. In order to penetrate the public's consciousness, such an example would ideally either appear in a popular movie or TV show or be something that people could simply relate to intuitively.
I can think of two candidates that have already appeared in popular media. In an episode of "LA Law" (back in the day), a mentally retarded man was being questioned about a sex crime. He said that he was guilty, but it turned out that he was confessing his guilt about something else (something that his mother told him not to do, but which was not a crime). Only when Arnie Becker came in and cleared things up did the police back off. Similarly, in the movie "My Cousin Vinny," one of the suspects confesses, thinking that he is confessing to having taken a can of tuna, not to killing a convenience store clerk. When he realizes what is happening, he says incredulously: "Wait. I killed the clerk! I killed the clerk." The sheriff takes this as an even more direct confession.
The question is whether there is a way to make people understand viscerally that lawyers can prevent injustice by having their clients clam up. Maybe not, but it probably wouldn't hurt if lawyers had at least some real or hypothetical examples to support the principle that the accused is entitled to counsel. (And, of course, it would be nice to have another example of why even guilty people should have lawyers.) The principle is sound. Can we make it sing?
From the public's perspective, this is apparently good news. If guilty people feel the need to confess, after all, why are those amoral lawyers telling them not to do so? Those of us who have been through law school know the answers in the abstract, but I've been pondering whether it is possible to find a compelling example that would make it clear that justice can be advanced when people refuse to talk to the police until a lawyer is present. In order to penetrate the public's consciousness, such an example would ideally either appear in a popular movie or TV show or be something that people could simply relate to intuitively.
I can think of two candidates that have already appeared in popular media. In an episode of "LA Law" (back in the day), a mentally retarded man was being questioned about a sex crime. He said that he was guilty, but it turned out that he was confessing his guilt about something else (something that his mother told him not to do, but which was not a crime). Only when Arnie Becker came in and cleared things up did the police back off. Similarly, in the movie "My Cousin Vinny," one of the suspects confesses, thinking that he is confessing to having taken a can of tuna, not to killing a convenience store clerk. When he realizes what is happening, he says incredulously: "Wait. I killed the clerk! I killed the clerk." The sheriff takes this as an even more direct confession.
The question is whether there is a way to make people understand viscerally that lawyers can prevent injustice by having their clients clam up. Maybe not, but it probably wouldn't hurt if lawyers had at least some real or hypothetical examples to support the principle that the accused is entitled to counsel. (And, of course, it would be nice to have another example of why even guilty people should have lawyers.) The principle is sound. Can we make it sing?
2 Comments:
At 8:45 PM,
David C. said…
Perhaps another argument for involving lawyers is that much of the criminal system is probably designed with criminal representation in mind. I know that a frequent response to complaints about the Rockefeller drug laws' harsh sentences is that in practice defendants get much lighter sentences than they might. I'm guessing that in many cases this is because the presence of a defense lawyer, and the possibility of a trial, threatens to impose real administrative costs on the system, if nothing else. Even when a defendant would almost certainly lose at trial, prosecutors would likely prefer the easy plea than the timely, costly, and potentially-risky trial (who wants to lose the slam-dunk case?). In exchange for the plea, as Law & Order shows us, they willingly reduce the sentence.
The Rockefeller drug laws are probably a striking example of a more common phenommenon: legislatures imposing harsh sentences in order to give prosecutors leverage in the plea bargaining negotiations. When defendants confess without first staking out the best negotiating position they can, they risk squandering their oppotunity to gain the best deal.
If I'm right, the question becomes how to convince the general public that defense lawyers are a necessary and valuable part of the "game". I'm not sure there's an easy way, but it would be interesting to see empircally whether those who confess without a lawyer typically get an average higher sentence (controlling for crimes, etc.) than those with a lawyer. Does this exist? I would think it might.
At 12:27 AM,
koko said…
出会い人妻 出会い人妻 出会い人妻 出会い熟女 出会い熟女 出会い熟女 出会いセフレ 出会いセフレ 出会いセフレ 出会いセフレ 出会い熟女不倫人妻 出会いセフレ 出会いセフレ 出会い人妻 出会いセフレ 出会い人妻 出会いセフレ 出会い人妻 出会いセフレ 出会い熟女 出会い熟女 出会いセフレ 出会い人妻 出会い人妻 出会い人妻 出会い人妻 出会いセフレ 出会いセフレ 出会いセフレ 出会いセフレ 出会い人妻 出会いセックスフレンドセックスフレンドセックスフレンド 出会いセックスフレンド 出会いセックスフレンド 出会い不倫 出会いセックスフレンド 出会いセックスフレンド 出会いセックスフレンド 出会いセックスフレンド 出会いセフレ 出会いセックスフレンド 出会いセックスフレンドセックスフレンドセックスフレンド 出会いセフレ 出会いセフレ 出会いセックスフレンド 出会いセックスフレンド 出会いセフレセックスフレンド 出会いセフレセフレセックスフレンドセックスフレンド人妻 出会いセフレセフレ熟女セックスフレンドセフレ人妻 出会い熟女熟女 出会いセックスフレンドセフレセフレセフレ 出会い熟女 出会い熟女 出会いセフレセフレ人妻 出会い人妻 出会いセックスフレンドセックスフレンド熟女セックスフレンドセフレ人妻 出会い熟女 出会い人妻 出会い人妻 出会いセフレ 出会い大人 出会いセックスフレンド 出会いアダルト 出会い人妻 出会い熟女 出会いセフレ 出会い大人 出会いセックスフレンド 出会いアダルト 出会い人妻 出会い熟女 出会いセフレ 出会い大人 出会いセックスフレンド 出会いアダルト 出会い人妻 出会い熟女 出会いセフレ 出会い大人 出会いセックスフレンド 出会いアダルト 出会い人妻 出会い熟女 出会いセフレ 出会い大人 出会いセックスフレンド 出会いアダルト 出会い人妻 出会い熟女 出会い投資顧問株式投資競馬予想投資顧問株式投資投資顧問株式投資オンラインカジノオンラインカジノブックメーカー年末ジャンボ宝くじ年末ジャンボ宝くじ年末ジャンボ宝くじ年末ジャンボ宝くじ年末ジャンボ宝くじ商品先物商品先物海外投資海外投資海外投資海外投資海外投資海外投資海外投資
Post a Comment
<< Home