This semester, as part of Professor Lisa Mazzie’s Advanced Legal Writing seminar focused on writing for law practice, we were tasked with crafting a blog post on a law-related topic. For law professionals, blogging offers a valuable avenue to hone writing skills, cultivate a unique voice, and enhance professional visibility. As a 3L student, I chose to explore a pivotal career decision many law students face: the choice between becoming a Prosecutor Lawyer or a defense attorney.
Earlier this week, I found myself among the few law students who had never watched the acclaimed documentary series, Making a Murderer. I was vaguely aware of its premise, but not the intricate details. However, recently committing to pursuing a career in criminal law, I decided it was time to delve into this impactful series. After watching the first episode, my contemplation of criminal justice deepened, particularly regarding the challenging choice between advocating as a prosecutor lawyer or a defense attorney.
Deciding to explore criminal law and watch Making a Murderer were straightforward choices. The more complex decision lies in determining whether my path should lead me to become a prosecutor lawyer or a defense attorney. Initially, the answer seemed obvious: defense. Defense attorneys are the guardians of individual rights, upholding the cornerstone of our legal system – the presumption of innocence. They frequently champion the cause of the marginalized and disenfranchised, those whom I initially sought to serve when I embarked on this law school journey.
However, after immersing myself in the first six episodes of Making a Murderer, my perspective began to shift. Steven Avery’s defense team was undeniably impressive. They passionately fought for his right to a fair trial, tirelessly emphasized the presumption of innocence, and rigorously challenged the State’s burden of proof. Their dedication resonated in every courtroom argument, cross-examination, and investigative effort. While documentaries may present a somewhat biased view of the prosecution, the series highlighted the reality of Steven Avery being wrongfully accused, convicted, and incarcerated, only to face felony charges again.
My own experiences in law school have already exposed me to instances where defense attorneys grapple with unwarranted and illogical charges. They are often compelled to address issues that should never have arisen – unlawful searches, seizures, improper charges, and even the withholding of exculpatory evidence. This raises a critical question: what if these very defense attorneys, with their profound commitment to justice, chose to become prosecutor lawyers? Could their defense-oriented mindset offer a more robust protection of defendants’ rights, especially for the most vulnerable members of our society?
This thought-provoking concept is championed by figures like Adam Foss, a prosecutor lawyer who has garnered widespread recognition for his innovative approach to prosecution. His compelling TED talk has resonated globally, translated into numerous languages, and even led to invitations to train entire District Attorney offices, including Manhattan’s. Foss’s vision for a reformed criminal justice system warrants serious consideration for anyone contemplating a career as a prosecutor lawyer.
Reflecting on Steven Avery’s case, I can’t help but wonder how the trajectory of justice might have differed if his defense attorneys had instead chosen to become prosecutor lawyers. Their unwavering passion for constitutional rights and individual liberties would undoubtedly inform their prosecutorial work. As prosecutor lawyers, they would wield the power to initiate charges only when convinced of sufficient evidence. Their case investigations would likely be more comprehensive, and they would be inherently inclined to safeguard the defendant’s constitutional rights throughout the legal process.
The deeper I delve into my passion for defense work, the more compelling the prospect of prosecution becomes. While high-profile cases like Steven Avery’s are not the norm, and the rights and needs of victims are paramount – prosecutors are entrusted with community safety – the core function of a prosecutor lawyer extends to rectifying injustice in all its forms, including injustices faced by defendants. This crucial aspect of the prosecutor lawyer’s role is frequently overshadowed. Becoming a prosecutor lawyer could empower me to combat injustice comprehensively, impacting every level and situation within the legal system. This pursuit of justice, in its broadest sense, is what ultimately drew me to law school in the first place.
