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Perhaps the greatest calamity that can befall a
human being in our society is to be charged with a criminal offense. Based on
mere accusations, the government, through the machinery of criminal prosecution.
Amassed against the accused will be the prosecutor, the police and often times
the general public. The process may rend apart the accused family, alienate
his friends and destroy his own feelings of self worth. He will be forced to
undergo public proceedings, many of which he may not understand, and in which
the prosecution will constantly point the accusatory finger as if to say "By his
deeds, he is no longer one of us." Very often the stakes are high. A judgment
against the accused may require him to forfeit his property, his freedom, even
his life. Into this breach steps defense counsel. Sworn to protect the client's
interests to the best of his ability, defense counsel, too, may incur the wrath
of public disapproval, but his solemn oath will require him to provide the best
defense will allow no matter what the personal costs. Armed with little more
than his wits and his knowledge of the criminal law, he will become the voice
through which the accused will, in effect, do battle with the awesome powers of
his own government. Our adversary system requires no less than that defense
counsel become a "brother in arms" to the accused in this battle. Defense
counsel must be prepared to stand and fight for his client against public
outcry; he must stand and fight for his client throughout his trial; and he must
stand and fight for his client at the time final judgment is entered. Such a
system is not efficient. It is not designed for "swift justice." Indeed, some
would say that it is not designed for "justice" at all. But if posterity
judges a free society by how it treats its individual members, it should be of
considerable consolation to us all that our system does not require an accused
to stand alone.
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