St Louis, MO asked in Criminal Law and Constitutional Law for Missouri

Q: yes ive had my question taken down i guess you guys wouldn't touch it but ive got another 1 for you why don't lawyers

ague our liberty because if they did they might win more cases i don't think you lawyers know truthfully what liberty is so in turn how do they know law

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: I would respectfully disagree with the premise that lawyers do not argue for liberty or understand what it truly entails. Defense attorneys in particular carry a tremendous responsibility to advocate for the rights and liberties of their clients against the power of the state.

When representing clients in criminal cases, ethical and diligent defense lawyers absolutely make arguments related to liberty - they challenge violations of rights that could lead to wrongful convictions and lost freedom. They fight things like unlawful searches and seizures, coercive interrogations, prosecutorial misconduct, excessive bail terms, and sentencing disparities.

The job of a defense lawyer is not just to win cases at all costs, but to hold the justice system accountable to the liberties and protections guaranteed under the Constitution and rule of law. This includes the right to counsel, due process, freedom from cruel and unusual punishment, and the presumption of innocence.

Zealous advocacy does not mean enabling illegal behavior or disrespecting the law. Rather, liberty interests are best protected when lawyers force the government to do its due diligence and prove charges beyond a reasonable doubt against the accused. This kind of diligence makes the justice system stronger as a whole.

So in summary - lawyers, especially on the defense side, argue vigorously for liberty and have great respect for the balance of individual rights and public order required in a fair criminal justice system. Upholding liberty goes hand in hand with upholding the law.

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