CrimLaw

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A long time ago I read Dershowitz's letters to a young lawyer. I remember thinking that it was a good guide for the thinking of dabblers (professor and the like who occasionally practice criminal law but are able to walk away and therefore can engage in, and urge, practices a normal practitioner would have difficulties with). Still, this section always struck me as directly on point:

Some of the key rules of the justice game:

I - Most criminal defendants are, in fact, guilty.

II - All criminal defense lawyers, prosecutors and judges understand and believe Rule I.

III - It is easier to convict guilty defendants by violating the Constitution than by complying with it, and in some cases it is impossible to convict guilty defendants without violating the Constitution.

IV - Many police lie about whether they violated the Constitution in order to convict guilty defendants.

V- All prosecutors, judges and defense attorneys are aware of Rule IV.

VI. Many prosecutors implicitly encourage police to lie about whether they violated the Constitution in order to convict guilty defendants.

VII - All judges are aware of Rule VI.

VIII - Most trial judges pretend to believe police officers who they know are lying.

IX - All appellate judges are aware of Rule VIII, yet many pretend to believe the trial judges who pretend to believe the lying police officers.

X - Most judges disbelieve defendants about whether their constitutional rights have been violated, even if they are telling the truth.

XI - Most judges and prosecutors would not knowingly convict a defendant who they believe to be innocent of the crime charged (or a closely related crime).

XII - Rule XI does not apply to members of organized crime, drug dealers, career criminals or potential informers.

XIII - Nobody really wants justice.

p. 81-82

This pretty much sums up criminal law and is one of the reasons that practicing criminal defense can be most frustrating (and why victories provide such a good feeling).

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