How can you defend them?  

lawyerdude2000 55M
64 posts
5/6/2005 7:39 am

Last Read:
3/5/2006 9:27 pm

How can you defend them?

I have just finished up a case representing a man who was convicted of aggravated sexual abuse of a child. He was sent to prison for a minimum of 10 years, although he will probably die before then (he was 81 years old). I have heard other attorneys say that they will not represent clients with that kind of charge, and I have also had friends and students ask me how I can do that?

As a father of five kids (yeah, this is Utah), I certainly am not in favor of sexual predators going after our kids. However, I am passionate about the Constitution of the United States. I truly believe that everyone, no matter how awful or loathsome the crime they are accused of, deserve due process. Hence, in my mind, I am defending the Constitution. Hence, whether it be a child molester or a terrorist, I defend them with the same passion as I do someone charged with theft or DUI or drug possession.

I am passionate about a LOT of things, but due process and constitutional rights are two things that top that list (as well as pleasing my partner!)...

Another blog later. Tom out.

wyvernrose 38F
3895 posts
5/6/2005 8:34 am

Hi tom, I agree entirely, and with the frequency of false allegations today it is very necessary, too often such allegations are made in order to get even, or simply remove someone from the life of a child for other less than noble reasons...

I agree I don't want them walking the streets, if the charges are real, and the offence was commited then a case can be made which even you wont be able to defend against, been there done it I supported my mother as we put together a 30 year old case to have him locked up, the disappointment is the effort put in to only see them imprisoned for such a heinous crime as and incest for 3 years, with a non parole period of 2 years 3 months.....what the law couldn't do, God has, from the time of his conviction Dementia has trapped him where the law could not....


vegas_sinner04 30F

5/6/2005 8:42 am

everyone does have the right to a fair trial. i don't know if i could defend a sexual predator but i guess that's why i'm not a lawyer.

NatchuralGuy 63M

5/6/2005 9:09 am

So you would have felt the Constitution of the United States would have been best served had the jury been composed of morons who would have voted to acquit? Does "due process" mean a fair trial or does it mean "getting the client off" no matter how you have to do it?

lawyerdude2000 55M

5/8/2005 11:33 am

Natchural Guy: I thought I was pretty clear about this, but I get that I could be clearer: due process means the process works. I am not going to be ABLE to get a jury full of morons, even if I wanted that (which I do not). Due Process does not mean get the client off no matter how I do it. Due Process means that the law works for ALL of us, and that we have nothing to fear from the process. It means being a professional. If I see errors in the prosecution's case, I will definitely point them out, or if my client's rights were violated. But that does not mean that I will do anything underhanded or unethical in representing my client.

bbwredhead71 45F
58 posts
5/10/2005 9:14 pm

wow, what happened to innocent till proven quilty? What if the guy turned out to be innocent? What then? Everyone deserves a fair trial, and for that to happen, someone has to represent them. I completly understand your point.

lawyerdude2000 55M

5/11/2005 7:07 am

You make a good point, bbwredhead71! Our country was founded on the idea that it is better to let 12 guilty people go free than to put 1 innocent person away. Many of the presumptions that are made in the criminal justice system are predicated on that ideal.

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