Defending Murder: The Lawyer’s Perspective

Protecting the innocent and punishing the guilty is “a balancing act” (Boot, 1999, p.3). It is no wonder why a defense attorney struggles; trying to meet the goals of the courts and trying the meet the goals of his client. The desire to defend and uphold the law at the same time is a virtue in itself. The defense attorney, on a continuum is a stable force and protection for the innocent as well as the presumed guilty.

Capital punishment is another tool of the court system. By the establishment of the death penalty; one can be reminded that true punishment for murder is available. The defense attorney has the responsibility to protect his client from such an avenue of death. Death is final in all its aspects and defending a client also protects his or her life. “Since 1994, states that have executed murderers have experience the most rapid decline in homicide rates while states without capital punishment have seen an increase in murders”(Tucker,2001, p.1). “After all, people do fear losing their lives” (Tucker, 2001, p.1). ” This solid evidence of a deterrent effect should become a part of the death penalty debate. Whether it is wrong to execute people who are retarded, whether the indigent get sufficient legal counsel, whether African Americans are over-or underrepresented on death row, the role of DNA evidence in death-row cases-all these are questions to be debated on their merits” (Tucker, 2001, p.5) ” To date, however, opponents of the death penalty have all too often simply asserted that capital punishment has been proved to lack a deterrent effect” (Tucker,2001, p.5).

Executions of black and white men in 2006

According to the Bureau of Justice Statistics; in 2006 there were 53 executions in the United States. Thirty-two of the inmates were black and twenty-one were white. These executions in 2006 occurred in 14 states of the US. Fifty-three of these executions were of men. The purpose of this graph is to depict the number of executions in regards to white and black men in general in 2006 (Bureau of Justice Statistics, 2007).

“Criminal defense law is perhaps the most misunderstood practice in the profession of law” (Miller, 1999, p.1). The most important principle in the court system is that the defendant is innocent until he or she” is proven guilty’ (Miller, 1999, p.2).

‘The defense attorney’ “should never ask” his or her client if he or she is “guilty” (Miller, 1999, p.3). This is up to the jury to decide in the case. The jury is the last hope for the criminal being tried for murder. Once the jury decides the verdict; it is over. The job of the defense attorney is over. Basically; the verdict usually stands even when appeals are brought forth to the courts after the verdict.

The defense attorney brings forth the protection we as Americans deserve. Along with the strategies; one must uphold the truth including civil liberties and righteousness. The defense attorney lingers with his or her arms stretched forth in the incumbent views of the law itself. In essence; the defense attorney remains ready to seek justice, protect the indigent, and proved a safety net for all involved in the process of the law.