why want to be a capital crimes defense attorney

by Addie Brakus 10 min read

One of the top reasons to become a defense attorney is because you have the chance to protect the rights of others. Laws require that prosecutors gather enough evidence to present to a judge and jury that proves without a reasonable doubt that a suspected criminal is guilty.

Full Answer

Why should I become a criminal defense attorney?

One of the top reasons to become a defense attorney is because you have the chance to protect the rights of others. Laws require that prosecutors gather enough evidence to present to a judge and jury that proves without a reasonable doubt that a suspected criminal is guilty.

Do defense attorneys work with poor clients?

While you may work with poor clients, you can also work with wealthier clients too. One of the top reasons to become a defense attorney is because you have the chance to protect the rights of others.

Can a defense attorney win a case with no obvious way?

Sometimes prosecutors are so determined to nail defendants—particularly in federal trials where ample government resources can mount suffocating cases—that defense attorneys see no obvious way to win. For Lichtman, that’s part of the appeal.

Why do criminal defense attorneys take on cases with high stakes?

In addition to making sure the scales of justice are balanced, criminal defense attorneys find satisfaction in tackling cases with high stakes. "It's an all or nothing game," says Jeffrey Lichtman, a New York-based attorney who has represented John A. Gotti and accused Mexican drug lord Joaquin "El Chapo" Guzman.

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What are the primary reasons for choosing to be a criminal defense attorney from a professional and personal standpoint?

5 Reasons to Become a Defense AttorneyFollow the Constitution. The Sixth Amendment to the United States Constitution gives all American citizens the right to legal counsel and legal representation. ... Protect the Rights of Others. ... Make More Money. ... Have More Flexibility. ... Help Those Who Cannot Help Themselves.

What qualities make a good defense attorney?

Here are ten qualities you should be looking for in your criminal attorney.Integrity. ... Good Communication Skills. ... Caring and Understanding. ... Good Research and Investigation Skills. ... Analytical Skills. ... Aggressiveness. ... Approachability. ... Criminal Law Experience.More items...•

What is an advantage of being a defense lawyer?

They can speed up the process Criminal lawyers are experienced and are known to all the court procedures and they know it clearly how to speed up the process and prove you innocent in front of the court.

What is the main goal of the defense attorney?

According to the American Bar Association, the primary responsibility of a criminal defense attorney is to advocate for their clients and defend their rights. Your defense attorney should not only acknowledge your needs/wants in the situation, but work in favor of your best interests.

What are the key skills that a criminal lawyer needs to have?

What skills do criminal lawyers need?Strong advocacy, listening and communication skills.The ability to help and identify with others.Extensive knowledge and the ability to be generous with it.

What are three problems defense attorneys face?

The Challenges of Defense Attorney CareersNegative Public Perception. Media coverage of crimes and suspects poses challenges for defense attorneys. ... Difficult Clients. Challenging clients and their families are often more taxing than public misconceptions, though. ... Limited Time and Resources. ... Job Pressure and Stress.

Why do you want to be a lawyer essay?

1) Since childhood, I loved the profession of a lawyer and want to become the same. 2) From a younger age, I like to fight for the rights of others. 3) I want to be a lawyer because I am a great supporter of truth. 4) By becoming a lawyer I want to aware people of their rights.

What are the cons of being a defense attorney?

List of the Cons of Being a LawyerThere are high levels of stress in this career. ... You will work long hours as an attorney. ... It costs a lot to attend law school for your education. ... Clients are spending less on attorneys thanks to self-service products and websites.More items...

Why do I want to be a lawyer?

Law encourages and promotes discussion and argument as a way to uncover the truth. The law allows individuals to engage in some of the most important discussions that people consider such as self-governance, the inherent good of man, and the fair treatment of man. The world needs great lawyers.

What type of lawyer makes the most money?

Some of the highest-paid lawyers are:Medical Lawyers – Average $138,431. Medical lawyers make one of the highest median wages in the legal field. ... Intellectual Property Attorneys – Average $128,913. ... Trial Attorneys – Average $97,158. ... Tax Attorneys – Average $101,204. ... Corporate Lawyers – $116,361.

What are some other important functions duties roles of a defense attorney?

Common roles that defense counsel take include:Investigating the case and interviewing all witnesses.Research pertinent case law, crime codes and statutes.Build defense and come up with effective case strategy.Negotiate with prosecutors to arrange plea bargain.More items...

What is one of the most important tasks of defense attorneys quizlet?

One of the most important tasks of defense attorneys is counseling.

When a client refuses to accept a lawyer's advice such that the lawyer believes it is inappropriate to go?

When a client refuses to accept a lawyer’s advice such that the lawyer believes it is inappropriate to go forward, not only can a lawyer withdraw, the lawyer should withdraw.

Can a lawyer walk away from a case?

In the United States, the answer to your question is yes. Lawyers and clients are both entitled to walk away from each other, under most circumstances. If a case has actually begun litigation , the lawyer will have to seek approval from the court to withdraw.

Can a lawyer withdraw from a case without permission?

If litigation has not begun, the lawyer may withdraw without seeking permission from the court, but may not do so in a way that damages the case.

Do lawyers have to do pro bono work?

All lawyers must do some pro bono work. Some lawyers, on some cases, hope to be properly compensated, but, the judges can direct the fees…

What happens when someone is accused of a crime?

When somebody is accused of the crime they're not just automatically hand chopped off because they stole something here. You do get your day in court, and you do have a chance, and you can get people like us who can actually defend you for these things.

What does law school not prepare you for?

Foley: Another thing that law school doesn't prepare you for is the business side of it . Even if you work for a big firm and you're not doing any of your own marketing and business and accounting and that kind of stuff, you kind of have this idea in law school that, "I'm going to come out of law school.

What guarantees someone's day in court?

The Constitution guarantees somebody has their day in court, and I think that's one of the things that makes us unique. One of the ways that I think about this is I care a lot about my clients as individuals, but just as much as that my client is also The Constitution of The United States.

Do criminal cases go to trial?

Foley: It's actually pretty rare that a criminal case goes all the way to a jury trial. Most of the time that case is resolved short of trial with some kind of a plea bargain or a resolution or something. A lot of what we do is negotiating and helping our clients to just realy minimize the damage, get them back to their lives, try and get them moving forward with their life. Do cases go to trial? Sure, they absolutely do. But the vast majority of the time what we do is not what people think we do.

Do law enforcement have a defense against lying?

But if law enforcement makes mistakes or even goes as far as planting evidence or lying or being dishonest, they're entitled to a defense against that type of thing even if they're not a good person. Even if they have a long record or have committed a horrible act, they deserve a defense.

Is law school competitive?

Like anything else it's a business, but when you're in law school you have these grandiose visions of being this lawyer and everything is going to be great. It's like anything else, it's highly-competitive and you have to pound the pavement, at least for what we do. It's not what you think it is in law school.

Do murderers deserve a defense?

Foley: And even if the person [is] a murderer or somebody that's committed a horrible crime, they're still entitled to a defense, and you need to have somebody in place to double-check the police work and make sure that the state can meet their burden to get their conviction. Like Dana said, if they can meet that burden, then they've earned that conviction. But if law enforcement makes mistakes or even goes as far as planting evidence or lying or being dishonest, they're entitled to a defense against that type of thing even if they're not a good person. Even if they have a long record or have committed a horrible act, they deserve a defense.

2. High Stakes Excitement

Many criminal attorneys love the sheer excitement in a winner-take-all, loser-loses-all situation. Another advantage of becoming a criminal attorney is because the high stakes venture gets the blood rushing.

3. A Darn Good Argument

A good argument goes a long way to stimulating a criminal attorney’s mind. Especially when the argument must be well-reasoned, well-researched and well-organized. Most of the action in a lawyer’s work takes place outside of the courtroom and a criminal lawyer’s work is no exception.

4. Defending the Constitution

In addition to the Sixth Amendment to the Constitution, the Fourth Amendment assures the world that the United States will brook no unreasonable searches or seizures. Again, it is the duty and honor of criminal attorneys to ensure that proper police work is conducted in the effort to solve crimes and protect the people.

5. Defending the Person

Many criminal defense attorneys get asked why they make their livings defending criminals and getting them off scot-free. Even with our mighty Constitution and Bill of Rights, all too often assumptions are made that if a person is accused of a crime, they must actually be guilty of that crime.

Conclusion

A criminal lawyer is a lone person who is willing to stand up for the accused. And the duty and honor of standing up for the accused are just one of the many advantages of becoming a criminal lawyer.

What does a defense attorney do?

A defense attorney protects the rights of those who, according the founding law of our country, are innocent until proven guilty. Many times, defense attorneys represent the poor, the marginalized, and the disenfranchised of our society. I came to law school to do exactly that.

What is the role of a prosecutor?

But a prosecutor’s main role is to bring justice when injustice has occurred, and that includes injustice to defendants. That part of the role is too often overlooked.

What is the purpose of writing a blog post for law school?

Writing blog posts as a lawyer is a great way to practice writing skills, and to do so in a way that allows the writer a little more freedom to showcase his or her own voice, and—eventually for these students—a great way to maintain visibility as a legal professional . Here is one of those blog posts, this one written by 3L Naomi Tovar.

Who was the prosecutor of the caliber of this nation's second president?

I want to thank Naomi Tovar for addressing this topic and Lisa Mazzie for bringing about the introduction of Adam Foss, a prosecutor of the caliber of this nation’s second president, when John Adams defended the “redcoats” who shot and killed members of a mob at the Boston Massacre.

Do defense attorneys have to deal with nonsensical charges?

Even in my own experiences thus far, I’ve seen how defense attorneys sometimes have to deal with unfair, nonsensical charges. How they have to raise issues that should never have existed in the first place, including a wrongful search, seizure, charge, and even fighting for exculpatory evidence that is rightfully theirs. But perhaps if these defense attorneys had chosen to be prosecutors, the rights of defendants, who more often than not are the most vulnerable in our society, would be more protected than they appear to be today.

What can a criminal defense attorney do?

In the event that you are found liable or guilty for the crime you are accused of, your criminal defense attorney may have the capacity to work your sentencing in a way that would lessen your penalty. For example, instead of going to jail for murder, an experienced criminal lawyer may argue for you to be tried for manslaughter or when accused of rape, have the charge reduced to sexual harassment or indecent behavior. Thorough investigation of the case and the procedures law enforcement followed (or didn’t follow) may uncover mistakes, broken or misapplied laws that could provide you leverage you would never have thought you had!

What is plea bargaining in criminal defense?

These arrangements, often called “plea deals” or “plea bargains,” are meant to reduce the burden on the court in exchange for lessening your potential sentence or removing some of the charges brought against you.

Can a person commit a crime?

Any person can commit a crime, either consciously or not . Sometimes even actions that seem harmless, funny, or appropriate may result in lawsuits with serious penalties. Whether your crime was intentional or not (especially where the crime may result in imprisonment), it is always important to have a good criminal defense attorney fighting for your case.

Is it bad to go to court unrepresented?

There is a big difference between studying and practicing law and experience with the court system can play a huge role in the final outcome of a trial. Although it might make sense to represent yourself or forgo representation because of your innocence, it is a huge risk and it is almost always a bad idea to go to court completely unrepresented!

Why are criminal defense attorneys important?

Criminal defense attorneys provide an important service to society. We defend people’s rights.

Why don't we take the word of the police?

We don’t take the word of the police because law enforcement has already made their case. We know that law enforcement makes mistakes and is subject to bias. Additionally, we know that interrogation techniques can lead to false confessions. We do our own investigations.

What is adversarial justice?

We have an adversarial justice system. This means that a case is made and arguments are argued by advocates. This process presents two sides of the story – or two different stories – to a jury who ultimately decides whether someone is guilty and deserving of punishment.

Do criminal defense lawyers argue?

Criminal defense lawyers don’t just argue court cases. They also negotiate plea deals for clients and advocate for fair sentencing if a client loses his or her case. This may not be an aspect you think about if you are not a lawyer. Defense attorneys often continue to advocate for their clients even after conviction.

Do people who commit crimes get rich?

The vast numbers of people who commit crimes aren’t wealthy. They don’t win their cases on technicalities by cunning lawyers. The truth is that – for most people who commit crimes or are charged with crimes – the state holds most of the power. It is presented as a fair fight.

Who is Ted Bundy's lawyer?

If you are interested, there is a book written by Ted Bundy’s lawyer, John Henry Browne, called The Devil’s Defender. There is also an interesting article in The Guardian from the point of view of lawyers for several famous criminals. But here are some thoughts:

Should everyone have access to defense in court?

For there to be a chance for everyone to have a fair fight – especially those people who are wrongfully charged (and that number is higher than you think) – everyone has to have access to defense in court -even if they are guilty.

What is the job of a criminal defense attorney?

Criminal defense attorneys, who stand beside clients accused of everything from minor offenses to mass murder, must mount the most effective defense of their client possible no matter how heinous the crime. While their work enforces a person’s constitutional right to a fair trial, some observers chastise them for representing society's villains.

Why do criminal defense lawyers choose that legal subspecialty?

Ask a criminal defense lawyer why they chose that legal subspecialty and the most common answer is that nothing gets their blood going more than a case with high stakes. “Cases move faster and they’re just more interesting than civil cases,” Gates says. “There’s nothing worse than an extended conversation about Article 2 of the Uniform Commercial Code. It’s just more interesting to talk about a bank robbery.”

What does Lichtman do in court?

Once in court, Lichtman focuses on finding the one person in the box of 12 to connect with. “I look up the backgrounds of jurors,” he says. “I’m looking for anything in the background I can exploit in order to tailor my summation to something that’s happened in their lives.”

Why do criminal defense attorneys chastise?

While their work enforces a person’s constitutional right to a fair trial, some observers chastise them for representing society's villains. In their view, that’s missing the point. In addition to making sure the scales of justice are balanced, criminal defense attorneys find satisfaction in tackling cases with high stakes.

Who is the lawyer for Timothy McVeigh?

To get a better understanding of this often emotionally draining work, Mental Floss spoke with three high-profile defense lawyers. In addition to Lichtman, we talked to Chris Tritico—the subject of the first episode of Oxygen’s In Defense Of docuseries premiering June 25, and who represented Oklahoma City bomber Timothy McVeigh in 1997—as well as Bryan Gates, practicing in North Carolina. Here’s what they shared about life as a devil’s advocate.

Is it easier to defend an innocent client?

It might seem like an innocent client would be easier to defend. But according to Gates, having a strong belief that a client is falsely accused creates additional strain on the defense. “It’s very stressful because you’re really identifying with the person,” he says.

Do attorneys have to let their feelings get in the way of a client's defense?

Some defendants have clearly committed terrible crimes, but they still have constitutional rights—so attorneys don't let their personal feelings about a crime get in the way of a client's defense.

Why do I want to practice criminal defense?

Other than enjoying the subject of criminal law, I want to practice criminal defense largely because those people desperately need lawyers. The system is just so unbelievably stacked against the defendant, it’s insane. By doing criminal defense, you can really make a difference in people’s live. For me personally, the purpose of the legal profession is to serve people and few people need help more than defendants. To me that outweighs the negatives of the practice.

Is there such a thing as a fair trial?

It's most certainly the closest a defendant can get to a fair trial, but there is no such thing as a truly fair trial with the way the system is right now. It's no surprise that the vast majority of judges were former DAs; the government wants to keep the government in charge of the "impartial" judiciary.

Can you get much of that as a civil attorney?

You won’t get much of that as a civil attorney.

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