View from the Cheap Seats

January 25-31, 2016

No easy way out

By William O. "Bill" James

There are a lot of people that do not like what I do for a living. There are a lot of people that have nothing good to say about my profession. There are just as many people that go out of their way to make derogatory remarks about criminal defense lawyers any time they get a chance. Let’s not forget about the people that will be nice to your face and then bad mouth you as soon as you are out of earshot.

Recently, I received a particularly unpleasant message from an individual that claimed that he had been in law enforcement since I was about 13 years old. He made it clear that he did not like the arguments that I put forth in a recent case. He questioned my value as a human being and indicated that I no longer had to be concerned about where I was going to spend eternity. Apparently, I already have a reservation.

To say that this individual was alone in his opinion would be less than accurate. As with any other hot button topic that inspires those without the ability to understand the nuances of life to lash out and criticize the parts they don’t particularly like, the role of a criminal defense attorney is a prime target for their scorn.

There are many that do not believe in the concept of a fair trial and justice for everyone. They like the idea of justice being done to their liking. They see the world through their own eyes and have real difficulty in seeing any value in protecting those they disagree with or feel are not worthy of their regard. They are the first to suggest an immediate hanging and the last to worry about the worst among us being treated fairly even when they don’t know all of the facts.

Luckily, the founding fathers of this great nation saw fit to protect even the worst among us from the tyranny of those that seek swift justice rather than fair justice. There are those such as the officer noted above that feel that it would be appropriate for a defense attorney to “lay down” rather than aggressively defend a client’s claim of innocence. The above referenced officer would prefer the defense attorney determine the guilt or innocence of their client and act accordingly. Maybe, he would actually prefer that the defense attorney listen to the police and blindly accept their determination of a person’s guilt.

The thing is, I know a lot of police officers. I have represented a lot of police officers. It is my experience that the good officers are the ones that realize how the system works and how important the checks and balances are to protecting all of us from miscarriages of justice. They understand that every case must be tested if the accused does not wish to plead guilty. They understand that there is nothing easy about justice and the fastest way to produce an injustice is to presume guilt on those that are charged with despicable crimes. They even realize and accept that when the proof fails, that the accused must be released. That is how the system works.

Every case deserves its day in court. Every defendant has the constitutional right to be defended zealously and without concern that the defense attorney will not fight for him because the attorney is repulsed by the crime of which he is accused. If, after a fair trial, the accused is convicted of the crime, he should be punished accordingly. Beware of those in power that believe otherwise. That is true for everybody, especially those of us way up in the CHEAP SEATS!

Bill James is a criminal defense Attorney and co founder of the James Law Firm with offices in Little Rock, Conway, and Fayetteville, Ark. He may be contacted at Bill@JamesFirm.com.