Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: loveliberty
America's Founders would be astounded to find that many of today's defense lawyers believe it to be their constitutional duty to help guilty persons avoid the consequences of their acts. Their actions are in direct opposition to the Founders' understanding of justice (meaning that each person is equal before the law and should receive that which is due him--no more, no less).

Absolutely wrong. The Founders came from the same kind of adversarial legal system we have today, a system that predates the Constitution. It's likely the Founders would have found the lack of ethics among some lawyers abhorrent, but they came from an adversarial system and enshrined it in the Constitution because it is the best system invented so far.

161 posted on 07/25/2002 9:51:53 PM PDT by Polonius
[ Post Reply | Private Reply | To 75 | View Replies ]


To: Polonius
You responded to my comment: America's Founders would be astounded to find that many of today's defense lawyers believe it to be their constitutional duty to help guilty persons avoid the consequences of their acts. Their actions are in direct opposition to the Founders' understanding of justice (meaning that each person is equal before the law and should receive that which is due him--no more, no less).

Your words: "Absolutely wrong. The Founders came from the same kind of adversarial legal system we have today, a system that predates the Constitution."

You missed my point. Of course, the Founders advocated an adversarial system as the best protection for liberty. The key clause in my statement was: "today's defense lawyers believe it to be their constitutional duty to help guilty persons avoid the consequences of their acts." It is that aspect of today's system, I believe, that the Founders would find disturbing and opposing their concept of justice.

Quote for me any one of the Founders who believed that justice demanded that a defense attorney should assist in freeing a guilty person.

While even a guilty person should be afforded counsel and rights to a jury trial before his/her peers, they believed, the Founders, IMHO, would never approve of the misuse and abuse of the adversarial system which is practiced today (witness the O. J. case and other equally bizarre miscarriages of justice).

242 posted on 07/31/2002 3:36:54 PM PDT by loveliberty
[ Post Reply | Private Reply | To 161 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson