Why Defend?

Kessler’s Rule Number One is never prosecute. I never have. I never will.

The duty of the prosecutor is to seek justice, not merely to convict. So says the American Bar Association, in Rule 3-1.2(c) of its Standards for Criminal Justice. The problem is, not enough prosecutors believe this.

Instead of being a place to find justice, all too often the courtroom is an arena, where trial lawyers are gladiators, and where winning isn’t everything; it’s the only thing.

Prosecutors are backed by all of the power and resources of the Government. No matter how much money an accused person has to spend on his or her defense, the prosecution has more. Police and sheriff’s departments, teams of lawyers and support staff, and crime labs staffed with forensic scientists work together against the accused.

The presumption of innocence is there to protect you. But the law does not enforce itself. Courage in the face of sometimes overwhelming odds is required if one is to defend.

In the conversations that follow, I will take you on a walk through the halls of justice. It will not always be pretty. Occasionally, it might even be frightening. I have also found in the American criminal justice system, a nearly endless supply of harmless fun. I hope you enjoy it as much as I have.