This semester, as part of Professor Lisa Mazzie’s Advanced Legal Writing: Writing for Law Practice seminar, law students are challenged to delve into topics that resonate with their burgeoning legal minds. Blogging, in particular, offers a unique platform for lawyers to hone their writing skills, cultivate their individual voice, and build professional visibility. As I navigate my own path in law school, I’ve been grappling with a pivotal question that many aspiring criminal lawyers face: Should I become a prosecutor or a Defense Attorney Lawyer?
Until recently, I hadn’t watched “Making a Murderer,” the compelling Netflix documentary series. Despite its widespread discussion, I was unfamiliar with its premise. However, my growing interest in criminal law led me to finally watch the first episode. This decision coincided with my deepening commitment to pursuing a career in the criminal justice field.
Choosing criminal law and watching the documentary were straightforward decisions. The more complex question that now occupies my thoughts is whether my passion lies in becoming a prosecutor or a defense attorney lawyer. Initially, the answer seemed obvious: defense. The role of a defense attorney lawyer is inherently aligned with the foundational principles of our legal system – protecting the rights of individuals presumed innocent until proven guilty. Often, defense attorney lawyers stand as advocates for the most vulnerable members of society, representing the poor, the marginalized, and the disenfranchised. This pursuit of justice for the underserved is what initially drew me to law school.
However, immersing myself in the first six episodes of “Making a Murderer” sparked a shift in my perspective. Steven Avery’s defense attorney lawyers in the documentary were undeniably impressive. They passionately championed the fundamental rights to a fair trial, the presumption of innocence, and emphasized the significant burden of proof that rests upon the State. Their dedication was palpable in every courtroom argument, cross-examination, and investigative effort. While the documentary’s portrayal of the prosecution might be somewhat biased, the core issue remained stark: Steven Avery had been wrongly convicted and incarcerated, only to face felony charges again.
My own experiences, even in the early stages of legal study, have illuminated the challenging realities that defense attorney lawyers often confront. They are frequently tasked with addressing unwarranted and illogical charges, rectifying wrongful searches, seizures, and accusations. They must tirelessly fight for access to exculpatory evidence that is rightfully theirs to examine. Yet, a thought-provoking question emerged: What if these same passionate defense attorney lawyers had chosen to become prosecutors? Could their dedication to justice and fairness have a more profound impact from within the system? Could the rights of defendants, who are often the most vulnerable individuals navigating the legal system, be better safeguarded if individuals with a defense-oriented mindset were working as prosecutors?
This intriguing concept has been explored by Adam Foss, a prosecutor renowned for his innovative and reform-minded approach to prosecution. His impactful TED Talk, which has resonated globally and been translated into numerous languages, showcases his vision for a more equitable justice system. Foss’s insights have been so influential that he has been invited to train entire District Attorney offices, including the prestigious Manhattan District Attorney’s Office. His perspective on criminal law and the potential for prosecutorial reform is undeniably compelling and deserves careful consideration.
Reflecting on Adam Foss’s ideas and the complexities highlighted in Steven Avery’s case, I find myself questioning whether the trajectory of Avery’s experience might have been different if his staunch defense attorney lawyers had instead chosen to become prosecutors. Their unwavering commitment to the constitutional rights and privileges we are afforded would undoubtedly shape their approach as prosecutors. They would possess the authority to pursue charges only in cases where they were genuinely convinced of sufficient evidence. Their case investigations would likely be characterized by meticulousness and a deep consideration for the defendant’s constitutional rights throughout the entire legal process.
The more I contemplate my passion for defense work, the more I am drawn to consider the potential impact of prosecution. While high-profile cases like Steven Avery’s are infrequent, the daily realities of the criminal justice system involve countless individuals whose lives are profoundly affected. Victims’ rights and community safety are paramount concerns that prosecutors must address. However, at its core, a prosecutor’s fundamental duty is to ensure justice prevails when injustice has occurred. This mandate inherently includes safeguarding defendants from injustice. This crucial aspect of the prosecutor’s role is frequently overshadowed. Embracing the role of a prosecutor could empower me to address and mitigate injustice at every level, impacting individuals and communities in a comprehensive manner. This pursuit of broad-reaching justice is, after all, the driving force that led me to law school in the first place.
