Friday, July 26, 2013

The Defence

Defense lawyers are appointed by the state to defend any accused to establish a reasonable level of doubt that the defendant did not commit the crime. This is not because the defendant who may be a criminal should be protected, but it is to ensure that the prosecution is able to establish beyond a reasonable doubt the authenticity of the crime and the accused persons role in it.To ensure the burden of proving the crime is paramount as much as it is a burden of the state to protect all accused unbiasedly until proven beyond doubt that the person s absolutely guilty of the crime. The defense attorney has the complete burden of the state to defend an accused,  however genuinely he or she may have committed the crime to prove and ensure the prosecution has all the facts to convict a person beyond all reasonable doubt.

This may make a defense lawyer nervous day in and day out as this is a battle to bring one to the book of the constitution and get him/her to agree. The legalese is great for a story, but in real life the dichotomy of the attorneys profession ensuring 'not guilty until proven' but his own system of justification might be swift judgement of the crime and immediate punishment! Life of a defence lawyer is quite extra ordinary..!  Some times immoral. Some times the law will have to break its own boundaries...sometimes....

I wouldn't be surprised if one day a defense lawyer who efficiently defends a criminal by day in the court of law and even wins his cases might be conflicted in reality through his own knowledge that he defended a criminal and won and hence need to pass the real judgement to get things even as per his moral compass. Successful defense lawyer by day, vengeful killer by night, interesting backdrop for a thriller...well, will keep it for another day!

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