Saturday, September 17, 2011

The Importance of Public Defenders in Our Country

December 2002

We are all given inalienable rights as citizens of this nation.  We all get to vote, speak our minds, and have the right to a fair trail in a court of law.  Our system is based on beautiful ideals including "innocent until proven guilty", " it is better to let ten guilty men go free than to find one innocent man guilty", and "justice for all".  Unfortunately, there are huge disparities between the economic classes leaving many people who face trial unable to afford proper representation in the court system.  The public defenders are appointed by the courts to defend those in need for free.  Everyone needs proper representation and their economic situation shouldn't factor into their right to a fair trail.  It is a noble act that these defenders are doing by providing their legal expertise, but it is usually looked down upon. Often the job is simplified by letting criminals go back onto the streets.

The idea that prosecutors are "the good guys" and defenders are "the bad guys" is a widely shared misconception in our society.  The stereotype illustrates prosecutors as always putting away the rapists, murders, and drug dealers while keeping our neighbor hoods and citizens safe.  The stereotype continues by expressing that defenders let criminals out on the streets, defend their dangerous wrong doings, and threaten society.  These extremes are elementary as we all know that prosecutors are not always "right" and don't always get the "right" people.  Many people forget that everyone deserves a chance before a court, and it is the burden of the government to prove guilt.  It is the defenders that give the helpless defendants this chance to be heard against charges that are only alleged.  It is unfair to blame defenders for higher crime rates or helping "criminals escape from the system".  These noble defenders are assuring citizens of their rights - rights that have the potential of being stripped away by the system.

Immigrants are also in need of public defenders in this country.  Many people come to this country and have run-ins with the law and need the assistance, guidance, and representation that these public defenders provide.  The language barrier is a huge obstacle for many who have just come to this country.  In the court system, without this free representation, many immigrants wouldn't know what to do or who to turn to. They need a fair chance against false allegations and charges.  Everyone in this country is supposed to be presumed innocent until the government proves beyond a reasonable doubt otherwise. 
 
I want to become a defense attorney and have had the opportunity to intern at the Federal Court where I met judges and many defense attorneys.  It made me feel proud to see that people who can't afford legal assistance do have some chance.  As an intern, I had a chance to meet three individuals from the Public Defender's office.  These three individuals, Leo, Catherine and Tamara, gave us all examples of their own hardships and challenges in being public defenders.  They explained to us the lack of recourse and the harsh federal guidelines that sometimes prevent them from doing the best possible job for their clients.

Each of them told us specific stories about when they have had to viciously fight to get justice to open its eyes but still have not succeeded. Despite all these hardships, they were all energized and proud that they could defend people assure fair representation at no cost.  Their strong sense of helping and wanting to provide assistance to those who have become involved in the criminal justice system is very inspiring.  They are here to fight for the individual who is being charged.

It is important that everyone in this society get representation because our justice system cannot work if we solely rely on the police and the government to arrest people and claim that they are guilty.  This system assures us that everyone is innocent until proven guilty, and this needs to be reemphasized.  Charges are just allegations and everyone has the right to be defended.  Defense attorneys make this possible and provide the citizens of this nation a sense of freedom and worth by working for them.  It is extremely important to have these public defenders around because they give balance and justice to our system by searching for the truth.  If it weren't for them, there would be higher prison rates, more innocent people wrongly convicted, and we would have a society that looks similar to that depicted in the movie Minority Report.  Defenders do public service by working for people in need, and for that they should be celebrated and congratulated.

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