How Can You Defend Someone Who is Guilty?

(Once you sell your soul to the devil, it's actually quite easy.)

I get this question every now and then. Never had a client ask me that, though. Hmmmm.

I think there are two kinds of people who ask that question: those who haven't given it much thought, and the just plain curious. I'm happy to oblige either.

Everyone deserves a defense (the Bill of Rights bears this out), and due process of law goes all the way back to Biblical times:

Deuteronomy 17:6: "On the evidence of two witnesses or three witnesses, he who is to die shall be put to death; he shall not be put to death on the evidence of one witness."

In other words, even if that scum-bag Azariah is guilty and worthy of capital punishment, he "gets off on a technicality" if Lamech was the only one who saw him do it. Under the law of Moses, Azariah can't be put to death. That's obvious enough. But what if there are two witnesses, and that other guy, Nadab, was rip-roaring drunk at the time? (on grape juice, of course). Or had a motive to lie? Well, the person who first pointed this out was a defense attorney.

The job isn't for everyone. Certainly not. But our civilian and military criminal process, when working as it should (two sides duking it out firmly but fairly under the rules of ethics), will get to the right result much more often than nought. I've worked as a prosecutor, a trial defense attorney and now as an appellate defense attorney for the military. All are great opportunities and interesting work, and each teach valuable lessons on justice, mercy and the human condition.