Legal advocacy and representation is the process by which a victim in any criminal case outsources either an attorney or lawyer to stand in for them before and during court proceedings. Apart from representation, legal advocates offer emotional support, crisis intervention, counseling, assistance with referrals, assistance with court orders, detailed explanations of court activities, and crime victim compensation for specifically crime victims. The premise of this essay will be to gauge whether it is fair for victims to be helped by legal advocates before trial and whether if assigning a legal advocate prejudges who is guilty and who is innocent.
Is it fair for victims to be helped by advocates before trial? My response to this question is, absolutely yes. Why? In earlier days, victims were directly included in the justice but not anymore. Currently, the involvement of victims in the justice system is almost minimal because it is perceived that a crime is committed against the state rather than the individual. This has left victims as neglects and justice system orphans (Canadian Resource Centre for Victims of Crime, 1993). The treatment that victims receives lacks that slightest respect that they deserve. Many stakeholder sin the justice system understand the important role that victims play in the justice system but they often overlook this vital bit. Eventually, victims turn out to be “outsiders” of the justice system.
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After all, it is the life of a victims that is adversely affected by a criminal offense rather than the state. When an offender finally gets convicted, to some extend the victims gets a sense of closure and satisfaction but the effects of the crime that they succumbed under will forever remain a bitter aloe of memory depending on the magnitude of the crime. In a system that focusses on offenders more than the victim, it is only but fair for a victim to get a legal advocate who can stand in for them during court proceedings to fight for their rights by tool and nail if need be because the offender also has an agency that works to see them win the case, no matter what. It is quite unfortunate that most innocent victims are tossed into justice system affairs without having any legal knowledge of complicated court proceedings and understanding of the law, let alone their legal rights. Victims, especially those that have not been through the system before and lack persistence, may end up on the disadvantaged side of justice. New victims need to be offered guidance and this can be best achieved through legal advocacy. Remember, turning to the system is a victim’s initiative to seek justice. However, if the victim feels that the justice system is not lenient enough, they may choose to hush on their grievances leaving offenders at large and at the mercies of other potential victims in future. This is the reason why advocacy gets involved to ease victims’ frustrations, eliminate imbalance and injustice in the system to the advantage of victims.
Another reason that necessitates legal representations before trial is that a victim may be manipulated by the offender or the agency representing the offender. This goes down to lack of experience with the justice system for the victim. They may be called or approached by offenders and unknowingly give vital information that may be used against t6hem or tamper with evidence (US Department of Justice, 2001). By this, it is important that a victim gets access to a legal advocate through whom they can channel all their legal affairs. These advocates offer critical advice like turning down approaches from offender and so on.
Does assigning a legal advocate prejudges who is guilty and who is innocent? I think this is true. It may be true or not depending on the case. For example, one may get involved in a legal scuffle for a crime you committed and you need a lawyer to represent you. From their heart they know you were on the wrong side of the law but this does not necessarily mean that you are guilty of the crime you committed. The public may be knowing beyond reasonable doubt that you have to be convicted but hiring an advocate may turn the tables. The advocate’s job is not to even know whether one is guilty or innocent. Their task is to represent you properly as their profession dictates. A good example is the David Westerfield case, where the latter was being accused of murder. The offenders advocate, Stephen Feldman, managed to help his client get acquitted, to the displeasure of the public who believed that the offender was to be convicted (Bruno Law, 2020). Were it not for the advocate’s involvement, the client may not have known their benefits and rights as well as how to present evidence, thus tie themselves to the murder. This aspect brings in a vital aspect of legal justice. There are two types of guilt; legal guilt and factual guilt. Factual guilt is one that you and everyone else believes should see you convicted but legal guilt a whole different thing, which the jury actually use to convict a guilty person.
Besides, a client may admit to committing a crime but this may just be a scheme to cover up for someone else. By this, an advocate should not believe such a confession right away but rather dig deeper to find the root of the matter. According to legal practice, a lawyer is not allowed to provide false evidence and that is what makes them not be an accomplice of lies. The reverse is true when a defendant may be posing as innocent and may have even gotten the approval of the public. When an advocate is involved, they are required to present honest evidence and will do their job to defend the “innocent” client based on the legal truth and not the factual truth.
In conclusion, assigning a legal advocate to a client is a fair deal that helps a victim maneuver with court proceedings and to get consolation. Many victims may not be conversant with the justice systems and that is what necessitates their access to legal representation. On the other hand, advocates play a key role in determining whether a client gets charged with a criminal offense or is acquitted. Their focus is on legal truth and not factual truth that anyone else may be knowing. They have an obligation to zealously defend their clients on legal terms and in the confines of the law.
References
Canadian Resource Centre for Victims of Crime, C. R. C. for V. of C. (1993). Advocacy for Victims of Crime . https://crcvc.ca/docs/advocacy.pdf .
U.S. Department of Justice, U. S. D. of J. (2001). The Crime Victim's Right To Be Present. Legal Series Buletin . https://doi.org/https://www.ncjrs.gov/ovc_archives/bulletins/legalseries/bulletin3/ncj189187.pdf
Bruno Law, B. L. (2020). How can a criminal defense lawyer defend someone who's guilty? https://brunolaw.com/resources/general-criminal-law/how-can-a-criminal-defense-lawyer-defend-someone-whos-guilty .
