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Complicating the Defense
In the past couple of weeks I've witnessed or participated in a small number of somewhat troubling conversations related to the question of why criminal defense lawyers do what they do, and why prosecutors do what they do.
In one such conversation, a law student was arguing that prosecutors and defenders are basically motivated by the same ideals of justice and fairness, but with different ideas of what those things mean. For prosecutors, it's fair and just to lock people up for very long periods or even kill them if they break society's rules. For defenders, it's fair and just to keep people out of jail and instead provide them with the means to resolve whatever problems they have in their lives that led them to break—or be accused of breaking—society's rules. The public defender involved in this conversation dismissed the argument categorically and vehemently, arguing instead that defenders and prosecutors have absolutely nothing in common, that they were essentially different animals w/entirely different motivations and goals. The PD's argument basically seemed to be that prosecutors are just very evil people w/no feelings.
In a second such conversation, a law student was arguing that she wanted to be a prosecutor because she wanted to help people and she thought she could do that better from inside the prosecutor's office than she could as a defender. The public defender in this conversation simply could not accept that possibility because, again, he seemed to be of the opinion that prosecutors are something very close to pure evil and incapable of redemption. From his perspective, the big sin of prosecutors is that they simply do not care at all for defendants; they don't see a person accused of a crime, they see a criminal, and that's really not a human being at all, so all they want is to put that person away and get another X in the “win” column. The defender kept repeating: “They don't care about them [the accused]! They just don't care!”
These conversations trouble me for a couple of reasons. First, it surprises and disappoints me to think that defenders have such simple and uncomplicated views of the prosecution. “They're just bad.” Really? Well, isn't that what they say about our clients? If defenders dismiss prosecutors as just evil lowlifes who don't care about other people, aren't we being just as inhumane and uncritical and ignorant as we accuse them of being? Second, I find it hard to believe that these public defenders started their careers with these opinions, which suggests that a few years of the job has turned them into ... well, how to say it? Rather bitter and twisted people? I hate to think that these are the views I will hold in a few years.
Don't get me wrong. I don't love prosecutors or think they are generally terrific people. However, I'm willing to give them a bit more benefit of the doubt. Everyone I've known who has been or is on his/her way to becoming a prosecutor is motivated by a desire to help people and to do something good for society. I generally disagree with their methods toward this goal, but that doesn't mean I think they are evil. I think they are wrong. They think I am wrong. We disagree. But it also seems that it's crucial to have good people on the side of the prosecution—people with good judgment, people who really care about the responsibilities they carry and who will work hard to make good charging decisions and to conduct their prosecutions ethically and fairly. And sure, I have seen that there are prosecutors who are none of these things—they really do act as if they have no concern for anything other than the “win” and they are willing to do all manner of unspeakable—and criminal—things to get it. But they can't all be like that ... can they?
Posted August 20, 2005 06:28 AM | crimlaw
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I wrote this blog entry after reading this post over at ambivalent imbroglio. When some people find out that I want to be a public defender, a knee-jerk reaction occurs: they try and talk me out of it. It is common to hear something like the followi... [Read More]
Tracked on August 21, 2005 03:58 PM
Unfortunately, I do know many people in law school (i.e., getting ready to start their careers) that actually do start off with the premise that prosecutors are evil. The "bad guys" they're often referred to by those I know who hope to go into criminal defense.
Posted by: zuska at August 20, 2005 11:06 AM
I think this is a common phenomenon among groups of similarly-minded people in a competitive environment. If all your friends are [Democrats/Republicans] you start to think that all [Republicans/Democrats] are evil. In reality, the huge majority of the people on the other side are decent, reasonable folks who happen to either have different ideas on which way the country should go, or different ideas on how to reach mutual goals.
Even more extreme, in a war it's easy to believe that the individual soldiers in the enemy camp are evil at heart, when oftentimes they're just as confused/lost/patriotic as your side.
The defender/prosecutor divide has the same roots. If you're a defender, you only associate with other defenders and are always fighting against the prosecutor. For the prosecutor, vice versa. It's natural that they'd come to think the worst of each other. But, I think, not inevitable.
Posted by: Hanah at August 20, 2005 12:24 PM
I was uncomfortable with that last year, as well. The PDs I worked for were rabidly anti-prosecution in any form. By the end of the summer, I could see why - I witnessed precisely how shitty they were. But I think that to categorically dismiss all prosecutors as evil is quite shallow. I know several people who have chosen to go into prosecution, and I respect them because they are doing what they love to do, and they too are taking low-paying jobs because they want to do good in the world. I respect that.
Posted by: womanofthelaw at August 20, 2005 05:38 PM
These conversations trouble me for a couple of reasons. First, it surprises and disappoints me to think that defenders have such simple and uncomplicated views of the prosecution. “They're just bad.” Really? Well, isn't that what they say about our clients? If defenders dismiss prosecutors as just evil lowlifes who don't care about other people, aren't we being just as inhumane and uncritical and ignorant as we accuse them of being?
I suppose one form of low life has power in our society, while the other does not. Maybe that's the rub.
Posted by: a-train at August 20, 2005 10:43 PM
I have a lot of trouble seeing how prosecutors are bad just because they try to put away defendants. Isn't that their job? Aren't they paid by the state to put up the best case against a defendant that they can? Haven't at least some of the defendants committed the crimes they are accused of, and should therefore be punished as our society has deemed to be fit?
I fully agree that every defendant should have a lawyer who will defend them and make sure the state doesn't steamroll over them, but I tend to agree with ambimb that saying all prosecutors are "bad" is a little simple minded.
Posted by: Unreasonable Man at August 22, 2005 09:41 AM
I have a lot of trouble seeing how prosecutors are bad just because they try to put away defendants. Isn't that their job? Aren't they paid by the state to put up the best case against a defendant that they can? Haven't at least some of the defendants committed the crimes they are accused of, and should therefore be punished as our society has deemed to be fit?
I fully agree that every defendant should have a lawyer who will defend them and make sure the state doesn't steamroll over them, but I tend to agree with ambimb that saying all prosecutors are "bad" is a little simpleminded.
Posted by: Unreasonable Man at August 22, 2005 09:41 AM
I also agree, though I admit that a lot of my motivation for wanting to be a prosecutor is that I have seen a lot of bad ones; I'd like to think I can tip the scales a bit.
I'd like to think that if I succeed, I'll be able to see eye to eye with defenders.
Posted by: Mackenzie at August 22, 2005 01:36 PM
