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
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.