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| Celebrate the defense attorney? |
The founding fathers wrote the Bill of Rights to spell out protections for individual citizens of the United States. I deal with Amendments IV, V, and VI nearly daily. These describe citizens' trial rights and limits the government's ability to search property. The founding fathers knew that people who are accused of committing crimes usually aren't very popular. The public often just wants the accused head on a platter because the crime is bad and this guy is obviously to blame. But take a moment to read these amendments:
Amendment IVThe right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Amendment VNo person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. Amendment VIIn all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. This means you, as an American, can expect NOT to have your things searched at random. No American should. All of us have this right, no matter what we look like, how we dress, where we live, or what we are accused of doing. This means that you can't be held indefinitely before going to trial, and you know you will be heard by a jury of your peers. These rights are not reserved for folks whom we think are innocent and withheld for those whom we know "did it." It is for all citizens. Sometimes this makes my life as a defense attorney rather uncomfortable. When people express surprise at what I do for a living, I tell them something similar to what I just read in an opinion article by Neal Boortz: "Trust me, you don't want to live in a country where your life, liberty or property can be taken away because of political whim or the passions of the majority. Celebrate the defense attorney, no matter how much you hate their clients. That attorney may stand between you and a false charge someday. " |