“Justice and the law belong to the people, not to the bar associations.”
While the circumstances make it easy to blame those lawyers, or the canon that put them in that position, I have to say that I’d want someone of their commitment to their oath to represent me. It scares me that my lawyer might decide, contrary to what his code of professional ethics dictates, what counts as justice and work toward that end instead of mine. If I, God forbid, find myself in front of a jury, I’ve got one friend in the world—my lawyer. The entire (probably crooked, in Chicago) police apparatus is against me. I don’t want him to have divided loyalties.
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I am not American and I agree with bongojonny’s comment. But I would think that the Witness Protection Programme would offer a solution. There are people who have committed crimes allowed free because of a deal made with the state; a lawyer should be able to state unequivocally that the person being punished is not guilty because of information that they hold in confidence. Lawyers are trustworthy by definition and not to use that status to prevent a miscarriage of justice would seem to be a crime in itself. “Better ten innocent men go to jail than one guilty man go free,” was it?
Chuck:
The role of the judge in France is also very different. In the U.S. the judge acts as an impartial “umpire” who applies the law to ensure that the rules are followed. He is allowed no active role in actually determining what the facts or circumstances of the case might be. In France, however, the judge’s primary responsibility is to arrive at a “just” verdict, not to simply see that the rules are followed. Therefore, French judges have tools not available to their American counterparts. They may appoint special investigators to ascertain the facts of the case, often clearing the fog surrounding important details. They may also actively question both the accused and the witnesses, and thereby ensure that no stone is left unturned. They may call witnesses themselves.
Leonel:
Austin has established a reputation for its music scene (mostly because of SXSW) and therefore draws musicians and those who support music. However, at my work at a large downtown Chicago hotel I’ve met people from Austin before the big surge in population who definitely were not excited about the nature of Austin’s music scene. In fact, I would guess that if its population were larger, Austin would support a stadium venue for touring acts.
