Recently, a prosecutor who I do not know well took a jab at me, a passive aggressive innuendo, questioning the morality of those who defend drunk drivers who “go out there and kill people.” I then thought of another prosecutor who once questioned the ethics of defense lawyers. He used his religion to support his position that defense lawyers lack a spiritual compass, and prosecutors are morally superior. This made me ponder and even question the morality defense lawyers and my chosen profession. I ultimately came to my senses.
First, regarding religion, the major Abrahamic religions (Judaism, Christianity, and Islam) regard justice as an important virtue. All man/woman is imperfect. I doubt, therefore, that any interpretation of religion would favor allowing the police and prosecutor alone to use their power without restraint. Some people know and quote religion and use it to judge others. Their actions are in deep contrast to religious teachings. In other words, they talk the talk but do not walk the walk. As my father once said, look to a person’s actions, not their words.
I say to anyone using religion to question the morality of defense lawyers, stop being so “pious.” Charles Reade, a non-practicing English Lawyer (June 1814 – April 1884) aptly defined being “pious” as “marked by conspicuous religiosity a hypocrite—a thing all pious words and uncharitable deeds.” I have witnessed injustice and moral decay in the system at times, from prosecutors, and particularly the “pious” one who once questioned my morals.
Second, I thought of the alternative that my colleagues would prefer, a system without defense lawyers. The police and prosecutor can determine who is guilty because they are morally superior. There would be no need for proof beyond a reasonable doubt, fair and impartial judges or the due process (fundamentally fair process) of law. What can possibly go wrong with allowing the police and prosecutor to dispense their powers as they see fit? The police and prosecutor have immense power. Defense lawyers are necessary to assure that this power is dispensed justly.
Last, I try not to be “pious” (a hypocrite) although it is hard (even impossible) for me not to judge some people. All humans are imperfect although for me, manipulative people, men who abuse/assault women, people who hurt kids are some on my list of people who I find it hard not to judge. Most clients charged with DWI, are in a dark period, many feeling alone, depressed, anxious, ashamed and embarrassed. For my colleagues on the “other side” of the system, I say, we are all part of the same system and on “one side” of justice. I am happy to say that in my 26-years as a defense lawyer, I respect the vast majority of prosecutors, police officers and judges who are honorable and straightforward. Also, remember the words of Abraham Lincoln; “I have always found that mercy bears richer fruits than strict justice.”
Comments, Questions: Greggory M. Marootian, Esq. – firstname.lastname@example.org