Criminal lawyer

“ The problematic nature of the position of the attorney at law which rests upon the premise that the lawyer acts, on the one hand, on principle as the representative of an individual citizen who appoints and remunerates him, on the other hand, as an agent of administration of justice and lawyer of the community which has assigned him to and entrusts him with his function, has long been especially apparent in criminal jurisdiction. ”

“ It is the lawyer's business to create such a doubt if he can, and we must not be too censorious if, in his eagerness to raise this in the minds of the jury, he sometimes oversteps the bounds of propriety, appeals to popular prejudices and emotions, makes illogical deductions from the evidence, and impugns the motives of the prosecution. The district attorney should be able to take care of himself, handle the evidence in logical fashion, and tear away the flimsy curtain of sentimentality hoisted by the defence. ”

“ Any criminal lawyer must have begun investigation by insisting, rigorously, that no such man, in such a position, could be permitted to plead that he had taken, and pursued, such a course, without assurances which did satisfy him. ”

“ He is supposed to sit upon his dais serenely, indifferent as to whether a murderer be convicted or acquitted, whether an inexperienced assistant district attorney be "trounced" by an astute criminal lawyer with a couple of generations of trial experience, or, on the other hand, a bulldozing prosecutor bedevil a miserable prisoner, defended by an ignorant and untutored counsel, into State's prison,—provided either be done within the strict rules of evidence and proper court behavior. ”

“ At the present time the official prosecutor himself is the only person to whom one charged with a criminal offence can turn with any hope of relief from his own lawyer, and if the number of cases were known where the prosecutor has befriended the prosecuted the eyes of jurors and of the public would be opened to the real spirit which animates a fair-minded district attorney. ”

“ Of course, a lawyer is a person and he too has a constitutional freedom of utterance and may exercise it to castigate courts and their administration of justice. But a lawyer actively participating in a trial, particularly an emotionally charged criminal prosecution, is not merely a person and not even merely a lawyer. ”

“ Every sensible lawyer is perfectly well aware of the absurdity and injustice of the modern method of criminal procedure in allowing skilled and designing attorneys to propose certain kinds of irrelevant testimony in the presence of the jury, knowing very well that it will be overruled by the court. ”

“ There are, and I suppose always will be, a certain class of persons who admire a blatant, unscrupulous lawyer.”
“Oh, there can be no question about that, my lord—​none whatever,” returned the detective.
“I am glad you agree with me in this. Well, we acted wisely, I think, in committing the prisoner without any adjournment. I do not hold with protracted examinations. It has been truly remarked that, under the old system, an inquiry into a criminal charge before a magistrate was less an investigation of the entire circumstances of the case than an examination of the prisoner. ”

“ If it is a criminal action he is not on the stand during the People's case. When his side is presented his lawyer does the best he can to keep him from the stand, whether he be innocent or guilty. The well-known expression is that the defendant hangs himself by taking the stand. In civil trials the client may be a corporation or the owner of the injured automobile or wagon, but not a witness to the accident. He sits silent by his lawyer if he is wise, realizing that his lawyer can fight better without being annoyed. If he is nervous, he keeps plucking at his sleeve and whispering advice. ”

“ In case that a criminal suspect or defendant fails to engage a defender and no legal aid agency has appointed a lawyer to defend him, a duty lawyer may offer assistance in legal consultation, advice on procedural choice, application for alteration of compulsory measures and providing opinions on the case, etc.
⁠"A people's court, people's procuratorate and detention house shall inform a criminal suspect or defendant of his right to meet with a duty lawyer, and shall facilitate the criminal suspect or defendant in meeting with a duty lawyer." ”

“ While he is cross-examining the witnesses for the defence and arguing to the jury, he is for the time being the lawyer for the people, and the appellate courts have said that it would be manifestly unfair not to extend to him in summing up the case an equal latitude of expression and scope of argument with counsel for the defendant. ”

“ The moment a capital crime occurs, the criminal employs the ablest counsel he can get. The relatives of the dead man, if they are important persons, retain the best lawyer they can find to assist the public prosecutor, and the game begins.
The first move is to bring the prisoner before an examining magistrate, in order to have him committed to jail to await the action of the grand jury. This examining magistrate is almost always an official that the public prosecutor can control. One was recently asked to separate the witnesses before him. ”

“ It is evident that such a viewpoint must involve far-reaching effects on the position and task of the lawyer as the criminal defense counsel, even if outwardly criminal procedure does not essentially differ in its form from the former criminal trial. As defense counsel, the lawyer has shifted closer to the State and community. He is incorporated into the community of the administrators of justice and has lost his former position as unilateral representative of the interests of the defendant. ”

“ It enlightens the serious citizen as to the actual experiences of our criminal justice, and shows him the inexorable facts that must be reckoned with in any new proposals. The professional lawyer is stimulated to think over the large tendencies involved in his daily work, to realize that all is not necessarily for the best, and to join and help with his skill. ”

“ And as to this day the plain man has never fully reconciled himself to the doctrine that the lawyer is only an agent, and not called upon to sit in the first instance in judgment on his client, so in the past the professional defence of a criminal appeared a very venal transaction. ”

“ All lawyers in any way competent to handle the defense of a criminal case would, in the event of conviction, almost always get a shorter term for their clients from a jury or from the court, or even from the prosecutor, than from the parole board. ”

“ “Many words have no legal meaning. Others have a legal meaning very unlike their ordinary meaning. For example, the word ‘daffy-down-dilly.’ It is a criminal libel to call a lawyer a daffy-down-dilly. Ha! Yes, I advise you never to do such a thing. No, I certainly advise you never to do it. ”

“ But when the case comes up in the criminal court, or before the jurors, practice demonstrates that there is seldom a discussion between the lawyers of the defense and the judges for the purpose of ascertaining the most exact definition of the fact, of determining whether it is a case of attempted or merely projected crime, of finding out whether there are any of the juridical elements defined in this or that article of the code. The judge is rather face to face with the problem of ascertaining why, under what conditions, for what reasons, the man has committed the crime. ”

“ The prosecutor with a perfectly clear case may see the defendant walk out of court a free man, simply because he has neglected to acquaint himself with the various points of law which may arise in the course of the trial, and the lawyer for an accused may find his client convicted upon a charge to which he has a perfectly good legal defence, for the same reason. ”

“ That government hires lawyers to prosecute and defendants who have the money hire lawyers to defend are the strongest indications of the widespread belief that lawyers in criminal courts are necessities, not luxuries. ”

“ If, indeed, a case should occur where an attorney has been guilty of some professional misconduct for which the court, by its summary jurisdiction, might compel him to do justice, and at the same time has been guilty of something indictable in itself, but not arising out of the cause, the court will not inquire into that with a view of striking him off the roll, but would leave the party aggrieved to his remedy by a criminal prosecution. ”

“ The object of this paper is to charge the accused with the greatest crime that his criminal act can be construed to fit; for it is a greater renown to the player for the state to hang his man than to have him sentenced to penal service. And the prosecuting attorney must so draw this paper that it will not be subject to any controlling technical objection that the counsel for the prisoner may be able to find in the record of any criminal trial running back through all the law books to the reports of the King's Bench. ”

“ The Constitution and Bill of Rights declare in sweeping unequivocal terms that 'The Trial of all Crimes * * * shall be by Jury,' that 'In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury,' and that 'No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury.' As it may now be punished criminal contempt is manifestly a crime by every relevant test of reason or history. ”

“ The ordinary citizen quite naturally gains his impressions of the administration of criminal justice by reading accounts of sensational trials. He imagines that the daily life of the prosecutor consists in demanding the conviction of hardened felons with sordid, crime-tracked features, varied by occasional spectacular "star cases" where counsel for the defendant and the prosecutor vie with one another in stupendous outbursts of oratory in which the bird of liberty screams unrestrained and Justice frantically waves her scales. ”

“ At the other extreme, recognizing the enormous importance and role that an attorney plays at a criminal trial, we have imposed the most rigorous restrictions on the information that must be conveyed to a defendant, and the procedures that must be observed, before permitting him to waive his right to counsel at trial. ”

“ You are aware that this is a line of conduct as rare as it is difficult in a criminal court—when an advocate has to contend for his client against the law—where every possible means of success which legal ingenuity can devise is taken in the prosecution, and where you are accustomed to hear every legal technicality used in the defence. ”

“ Thus, it is up to the appellate court to reach the legal conclusion whether, under the totality of the circumstances and considering the historical facts as addressed by the circuit court, a reasonably-objective police officer either would have reasonable suspicion that the person stopped has committed, or is about to commit, a criminal act, or would have probable cause to believe that, upon search, contraband or evidence of criminal activity will be found. ”

“ Let the “legal fraternity” reflect that a lawyer is one whose profession it is to circumvent the law; that it is a part of his business to mislead and befog the court of which he is an officer; that it is considered right and reasonable for him to live by a division of the spoils of crime and misdemeanor; that the utmost atonement he ever makes for acquitting a man whom he knows to be guilty is to convict a man whom he knows to be innocent. ”

“ So it happens that in this year of our Lord of the nineteenth century, the skilful attorney marvels at the stupidity of the rogue who, committing crimes by the ordinary methods, subjects himself to unnecessary peril, when the result which he seeks can easily be attained by other methods, equally expeditious and without danger of liability in any criminal tribunal This is the field into which the author has ventured, and he believes it to be new and full of interest. ”

“ The judge appoints a foreman, usually a man of some previous experience, and the jury are sworn. The court then delivers a charge and reads or calls to their attention certain sections from the Code of Criminal Procedure. If there is any matter of public notoriety which comes within their purvue, such as crimes against the elective franchise, or insurance, banking, or other frauds, he is likely to dwell upon the necessity of paying particular attention to this variety of offence. The jury then retire to the rooms prepared for them and begin their secret deliberations. ”

“ At the conclusion of the complainant's case, if it appear reasonably certain that the magistrate will "hold" the prisoner for the action of a superior court, the lawyer will then "waive further examination," or, in other words, put in no defence, preferring the certainty of having to face a jury trial to affording in prosecution an opportunity to discover exactly what defence will be put in and to secure evidence in advance of the trial to rebut it. ”

“ The delicate scales of justice ought not to be willfully agitated from without by any of the participants responsible for the fair conduct of the trial. To be sure, a prosecutor carries a somewhat heavier responsibility in the maintenance of the standards of criminal justice than does counsel for the defense. ”

“ Crimes of whatever sort, except police offences, are as a rule subjected to preliminary examination before actual trial. When, however, the charge is perfectly clear of doubt, the procurators ask for an immediate trial in the case of minor crimes. The conducting of criminal cases, from the very beginning down to the execution of the criminal, if he be condemned to suffer death, rests with the procurator, who unites in his own person the functions of public prosecutor and of grand jury. ”