Comments on: Much Ado About Nothing? https://www.peoplevstate.com/?p=539 fairly undermining public confidence in the administration of justice Tue, 03 Aug 2010 18:57:04 +0000 hourly 1 https://wordpress.org/?v=5.4.15 By: John Kindley https://www.peoplevstate.com/?p=539&cpage=1#comment-1441 Tue, 03 Aug 2010 18:57:04 +0000 http://www.peoplevstate.com/?p=539#comment-1441 In reply to dan solomon.

You raise very good points. I’ve been meaning to respond, and will, but am currently tied up with an appellate brief.

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By: dan solomon https://www.peoplevstate.com/?p=539&cpage=1#comment-1439 Mon, 02 Aug 2010 19:28:55 +0000 http://www.peoplevstate.com/?p=539#comment-1439 to say “we defend” says nothing.

I think this is the crux of the problem I have with this whole discussion. I’ve got no dog in this fight – I work for a defense firm, but I’m not an attorney and won’t become one – but it seems curious to me that you’re so interested in staking a claim on “justice” because you want to be able to signify to others that you’re acting in the pursuit of a noble goal.

I’m curious, though, why “defense” isn’t a noble goal unto itself. Why would that be an insufficient ideal? Those who require defense are those who are under attack. If a lawyer says, “I defend”, that says a hell of a lot, and it’s hardly a tautology – it’s an effective mission statement. “Justice”, as such an abstract, subjective concept, is arbitrary – that means nothing. It requires contortions of logic, but anyone can claim it – a cop who gives false testimony against a suspect he “knows” did it can argue passionately that he acts in the service of justice, too. So I’m perplexed to see a defense attorney fight so hard to say that he has the right to claim he seeks justice through his work. I don’t disagree with you – especially if the “justice” you seek is a justice that sees those with authority having to work as hard as possible to take freedom from those less powerful – we can call that justice. But why’s that better than “defense”? Justice means nothing. “Defense” means to repel an attack. It’s not arbitrary or subjective.

Since so much what you’re saying seems to hinge on changing the way that defense attorneys are perceived, it seems like you’re going to continue to face a struggle – not just from the attorneys who’ve continued this conversation online, but from everyone who sees getting the proverbial child murderer off as a great injustice, who will be far less inclined to engage your point when you say, “I’m doing it in the name of justice”. That’s essentially asking people to change their entire perception of justice as a concept. Claiming, meanwhile, to strictly defend – and explaining the necessity of a defense of anyone being attacked by those more powerful – allows people to decide for themselves what justice means to them. And it seems to me that it’d be a lot more persuasive.

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