“How Can You Defend Criminals?” – The Question Asked Of Every Lawyer

Having worked as a criminal law paralegal in the past, a question I am still frequently being asked is, “how can you assist criminals?” On numerous occasions, I have attempted to explain and emphasise the presumption of innocence, that one is considered to be innocent until proven guilty and that everyone is entitled to be represented and have their day in court. In fact, these concepts are safeguarded both in the European Convention on Human Rights under Article 6 which states:

“In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law.
Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.
Everyone charged with a criminal offence has the following minimum rights:
…
(b) to have adequate time and facilities for the preparation of his defence;
(c) to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require”

And in the Universal Declaration of Human Rights under Article 11 which states:

Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.

The presumption of innocence

The presumption of innocence is a fundamental legal principle that lies at the heart of justice systems worldwide. It asserts that an individual accused of a crime is considered innocent until proven guilty in a court of law through a fair and impartial trial., usually determined by a jury of that persons peers. This principle ensures that the burden of proof rests on the prosecution (who represent the state) to present compelling evidence demonstrating the accused’s guilt beyond reasonable doubt. In simpler terms, it is for the prosecution to prove that a defendant is guilty and not for the defendant to prove that he is innocent.

By upholding the presumption of innocence, societies uphold the dignity and rights of individuals, preventing rushed judgments and protecting against the potential for wrongful convictions. This principle serves as a cornerstone of a just and equitable legal process, reaffirming the notion that everyone is entitled to a fair trial and should not be treated as guilty before proven so. As Blackstone’s Ratio suggests:

“the law holds that it is better that 10 guilty persons escape, than that 1 innocent suffer”

The essence of justice

At its core, the right to representation before the courts embodies the principles of justice and fairness. It ensures that individuals have the opportunity to present their case, respond to allegations and make legal arguments effectively. Without proper representation, individuals might struggle to comprehend legal complexities, navigate procedural intricacies or articulate their positions adequately. This could lead to unequal outcomes, where some parties are disproportionately disadvantaged due to their lack of legal expertise or resources.

Moreover, legal representation provides a check against potential miscarriages of justice. Legal professionals help uncover evidence, challenge flawed arguments and hold the opposing side accountable, contributing to a more balanced and reliable legal process. This serves not only the interests of the individual but also the broader public by upholding the integrity of the legal system.

A defence lawyer is not simply defending a potentially guilty person, they are defending these principles of justice. Not only does this defence prevent innocent individuals being convicted, but it ensures that those who are in fact guilty have a fair trial so that there is then less risk of any appeal for impropriety.

Equality and access to justice

The right to representation before the courts is closely tied to the principle of equality under the law. It ensures that individuals from all walks of life have equal access to justice, irrespective of their economic status, race, gender or any other characteristic. When individuals are denied proper representation due to financial constraints or other barriers, the promise of equal justice becomes an illusion which often impacts those from minoritised backgrounds first.

To address this issue, many legal systems offer mechanisms to provide legal aid or pro bono services for those who cannot afford representation. However, ongoing efforts are needed to ensure that these initiatives are effective and accessible to those who need them the most. This is essential for upholding the democratic ideals of fairness and ensuring that the legal system does not perpetuate societal inequalities. Though essential, this principle has been decimated over the past decade in the UK since the inception of the Legal Aid, Sentencing and Punishment of Offenders Act 2012

Conclusion

The right to be represented before the courts is a fundamental pillar of justice along with the values of equality, fairness and accountability. It empowers individuals to navigate the legal landscape confidently, safeguarding their rights and ensuring that justice is not a privilege reserved for the few, but a right available to all. As societies continue to evolve, it remains crucial to uphold and strengthen this right, ensuring that the scales of justice remain balanced and true.

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