Law in Contemporary Society
Eben has spoken very highly of criminal defense several times in class. I am one of those people who still doesn’t know what kind of law he wants to practice, but criminal law is definitely one of the possibilities. I find it interesting, at least academically/abstractly, and I think I would enjoy being the guy in someone’s corner.

The problem is, as much as I would love to be the person defending the wrongfully accused, I think I would be uncomfortable defending someone I believed had committed the crime. This would be more or less true depending on the circumstances, but for some crimes in particular (gratuitously violent crimes, sexual crimes against women and children, white collar crime/public integrity/fraud), I think I would have a real problem.

I realize this is somewhat naive. Being a lawyer means playing a discrete role in a justice system, not being judge and jury every time someone comes into your office with a case. And in a just system, even the vilest offender ought to have a zealous advocate. If you can represent someone so well that the system cannot convict him, then that person ought not be punished.

This is all well and good in theory. But the reality for me is, if you’re a child molester, I don't want to be the one who sets you loose again.

I’d be interested in getting some different perspectives on this.

-- DanKarmel - 20 Apr 2010

As a quick follow up, my purpose was in no way intended to overlook the injustices against those who are wrongfully convicted or to weigh one type of injustice against the other. I'm just asking, from the perspective of this narrow situation, how you resolve the moral dilemma.

-- DanKarmel - 20 Apr 2010

Navigation

Webs Webs

r1 - 20 Apr 2010 - 06:11:30 - DanKarmel
This site is powered by the TWiki collaboration platform.
All material on this collaboration platform is the property of the contributing authors.
All material marked as authored by Eben Moglen is available under the license terms CC-BY-SA version 4.
Syndicate this site RSSATOM