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OT opinion on Prosecutors and Criminal Defense Attorneys

Posted on 7/30/17 at 12:44 pm
Posted by GAAtty70
Member since Nov 2015
905 posts
Posted on 7/30/17 at 12:44 pm
I learned from a previous thread that Personal injury attorneys are held in very low regard by the OT.

I am curious what this group thinks about the professions of prosecutor and defense attorney

- Do you feel like one of those two is a more inherently noble profession? If so, why?

- How do you feel about the place of attorneys in the criminal justice system? Is it a bad thing that the practice of law is limited to a licensed few?

- How do you feel about these players being primarily government employees? Should prosecution and indigent defense (Public Defender's handle approximately 3/4 of all criminal cases in this country) be privatized? How would you manage that?

-I have done both prosecution and defense in my career. I feel like that has helped me be a better lawyer, others would say it highlights the whore-like nature of my existence.

I know the OT will slam me on the last bit, but I am genuinely curious at the state of public opinion.
This post was edited on 7/30/17 at 12:45 pm
Posted by LZ83
La
Member since Sep 2016
17445 posts
Posted on 7/30/17 at 12:46 pm to
I think I would rather be a prosecutor. I wouldn't want to defend those I know are guilty.
Posted by Yewkindewit
Near Birmingham, Alabama
Member since Apr 2012
21624 posts
Posted on 7/30/17 at 12:51 pm to
I can't understand how a defense attorney can sleep at night when defending a mofo who is obviously guilty, the Def attorney knows it, and tries to bullshite everyone into thinking otherwise.
Insert bird finger here!
Posted by SCLibertarian
Conway, South Carolina
Member since Aug 2013
41002 posts
Posted on 7/30/17 at 12:52 pm to
I'd rather get guilty men off than put innocent ones in jail.
Posted by philly444
stuck in contraflow
Member since Nov 2008
12273 posts
Posted on 7/30/17 at 12:53 pm to
frick being a defense attorney. You start right off the bat with your back against the wall and will likely lose most of your cases, granted you can't put much blame on the lawyer for the defendant being declared guilty
Posted by SCLibertarian
Conway, South Carolina
Member since Aug 2013
41002 posts
Posted on 7/30/17 at 12:55 pm to
That's the adversarial system. It protects the innocent. It is the state's responsibility to convict a defendant, specifically to prevent innocent men from going to jail. And if a guilty man isn't guaranteed a zealous advocate, then the innocent men who are charged with a crime aren't as well.
Posted by Breesus
House of the Rising Sun
Member since Jan 2010
69539 posts
Posted on 7/30/17 at 12:57 pm to
quote:

can't understand how a defense attorney can sleep at night when defending a mofo who is obviously guilty, the Def attorney knows it, and tries to bullshite everyone into thinking otherwise.


I agree, however I can understand fighting for the rights of the accused.

Guilty or not, you still have rights.
This post was edited on 7/30/17 at 12:57 pm
Posted by Jtigers99
Holly Beach, USA
Member since Dec 2014
1841 posts
Posted on 7/30/17 at 12:57 pm to
There's nothing more badass than an great defense attorney. I love ones like the ones for George Zimmerman, Duke Lacrosse, etc
This post was edited on 7/30/17 at 12:57 pm
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
466610 posts
Posted on 7/30/17 at 12:57 pm to
quote:

frick being a defense attorney. You start right off the bat with your back against the wall and will likely lose most of your cases, granted you can't put much blame on the lawyer for the defendant being declared guilty


sometimes, though, you win

Posted by Bestbank Tiger
Premium Member
Member since Jan 2005
79277 posts
Posted on 7/30/17 at 1:02 pm to
quote:

I think I would rather be a prosecutor. I wouldn't want to defend those I know are guilty.




They aren't guilty when you defend them. They're guilty only when the jury says so.

They're both a necessary evil because some people belong in prison and some defendants really didn't do it.
Posted by LucasP
Member since Apr 2012
21618 posts
Posted on 7/30/17 at 1:03 pm to
It's a poorly incentivized system that rewards winning over truth.
Posted by jbgleason
Bailed out of BTR to God's Country
Member since Mar 2012
19852 posts
Posted on 7/30/17 at 1:04 pm to
I fully admire defense attorneys and prosecutors, along with judges and juries, as the bedrock of the greatest justice system in the history of mankind. That being said, there are two kinds of each.

Those that respect their position and oath and do their job zealously but within the rules.

Then there are those that lie, cheat and break their oath. frick those guys.
Posted by bmy
Nashville
Member since Oct 2007
48203 posts
Posted on 7/30/17 at 1:06 pm to
Lawyers are responsible for 99% of this countries problems
Posted by CoachChappy
Member since May 2013
34088 posts
Posted on 7/30/17 at 1:06 pm to
AI will make them all useless in about 5 years so who cares.
Posted by bmy
Nashville
Member since Oct 2007
48203 posts
Posted on 7/30/17 at 1:07 pm to
quote:


They aren't guilty when you defend them. They're guilty only when the jury says so.


The fact that there are good lawyers and bad lawyers tells me all I need to know about how fricked the legal system is.

Anyone actually think OJ would have gotten off if he couldn't afford the legal team he had?
Posted by GAAtty70
Member since Nov 2015
905 posts
Posted on 7/30/17 at 1:11 pm to
quote:

It's a poorly incentivized system that rewards winning over truth.


Ok. What do you consider to be the poor incentives? Salary? Fees? Promotion? Something else?

How would you change it to make it better?
Posted by GAAtty70
Member since Nov 2015
905 posts
Posted on 7/30/17 at 1:13 pm to
quote:

The fact that there are good lawyers and bad lawyers tells me all I need to know about how fricked the legal system is. 


Aren't there good plumbers and bad plumbers? If we can only have good lawyers won't there always be someone who is the worst of that bunch?

How do you fix it?
Posted by SCLibertarian
Conway, South Carolina
Member since Aug 2013
41002 posts
Posted on 7/30/17 at 1:14 pm to
If you want to rail about the inequities of the legal system, look straight at your local politicians. There's always enough money for prosecutors, their legal assistants and law enforcement. Meanwhile, your local public defender's office has half the attorneys, 1/10th the staff and generally only one or two investigators as compared to the hundreds of law enforcement officers at the state's disposal. The deck is already stacked against those charged with a crime if they can't afford a private attorney.
Posted by LucasP
Member since Apr 2012
21618 posts
Posted on 7/30/17 at 1:15 pm to
A good prosecutor is one who wins, same with a defense attorney. Lots of innocent people go to jail because DA'S want convictions and pleas, and there's no incentives for them to seek truth instead.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
466610 posts
Posted on 7/30/17 at 1:16 pm to
quote:

The fact that there are good lawyers and bad lawyers tells me all I need to know about how fricked the legal system is.

i mean it's a system involving people. what system exists that doesn't have a good and bad side (and lots in the middle)?
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