I recently listened to a YouTube interview of Edward V. Sapone, who is a former president of the New York Criminal Bar Association and a defense lawyer. I learned the importance and nature of criminal law. This paper will critique criminal law and some of the misconceptions that surround it.
Criminal law is a vital part of each democratic society. It ensures that individuals' rights are protected even when coming up against a stronger authority, which is the government. Criminal law is that part of the justice system which ensures only provable crimes, and only people who have been prosecuted under due process get punished. By following due process, the law ensures that no one is arbitrarily convicted. This is the hallmark of law and democracy, which differentiate a country like America from dictatorial regimes. The opportunity to abuse the process or rights of accused people according to the intuition or sentiments of judges, police officers, prosecutors is eliminated when there is a robust and developed criminal law.
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Mr. Sapone reiterated the need and theories for a good criminal justice system and introduced the role of ethics and morality for all criminal defense lawyers. He talked of the way the procedure of defense changes when the accused confesses of his guilt. Such, however, does not mean the accused loses his right to defense. This is because both the defense lawyer and prosecutor's objective should be to ensure the state can wholly justify why it is punishing any individual in society. This is because of the loss of liberty or the punishments that ensue to change the lives of anyone who is caught in the government's crosshairs. According to Mr. Sapone, good and ethical lawyers should not knowingly uphold or reinforce lies in a court of law. An accused who professes his misdeeds should not be allowed to take the stand and testify a story that the defense lawyer knows to be false. This is because everyone in the criminal justice system is expected to balance their roles with ethical and moral standards.
This interview made me further appreciate the role of prosecutors and criminal defense lawyers. The whole criminal justice system has a role in ensuring that sanctions apply only when they are merited and justified. However, due to people's human nature narrowly reinforcing their views, especially when it is a moral dilemma, police officers and prosecutors may unjustly focus on the wrong person. This, therefore, calls for a well-defined criminal justice system and law. Benjamin Franklin once said, "it is better 100 guilty persons should escape than that one innocent person should suffer" (CATO Institute, 2016). This metaphorical statement reinstates my view, which Mr. Sapone supports, that good criminal law should aim to protect the innocent. Like everyone else, although to a lesser degree, I have always questioned defense lawyers' morality. However, this interview has further elucidated to me the importance of a clear grasp of criminal law and the vital work of defense lawyers in ensuring the state is held to account for each limitation it puts on the freedom and liberties of individuals. After all, the one thing most people admit is that these rights are some of the most important guarantees of a good and meaningful life.
References
CATO Institute. (2016, December 6). Blackstone's ratio: Is it more important to protect innocence or punish guilt? https://www.cato.org/policing-in-america/chapter-4/blackstones-ratio
Melnik, S. (2019, February 21). Justice in America with criminal defense attorney Edward Sapone | Happiness Amplified Interviews [Video]. YouTube. https://www.youtube.com/watch?v=bPc4LEjo8v4
