Over the last month here in Sacramento, we've witnessed two members of local law enforcement accused of DUI. In August, CHP arrested a Sacramento police officer for drunk driving, and just this past Sunday an off-duty Sacramento County deputy sheriff was arrested for driving under the influence of prescription medication and crashing her vehicle into a Starbuck's and injuring an 80-year old woman.
We bring up these incidents not to ridicule these officers. Rather, they are an important reminder that anyone can find himself in the position of these public servants: humbled and facing prosecution.
These incidents also illuminate the critical role of defense lawyers.
When people hear of incidents such as those described above, they have a mix of emotions but often feel deeply angry. They demand justice to right any wrongs and to punish the accused as examples to discourage others from doing the same thing.
But in our system we don't live by mob rule. Instead we live by the rule of law. We take the power to prosecute away from individual citizens and place it instead in the hands of the District Attorney's Office. Thus the deputy district attorney assigned to each case is law enforcement's advocate, looking at the evidence from that prosecutorial perspective.
To protect the rights of each person from the force of the larger society and the power of the government, our legal system, rooted in our Constitution, says that each of us has the right to a speedy trial, to confront witnesses against us, to be protected against unreasonable searches, and to not be deprived of life, liberty, or property without due process of law. And in addition to these enumerated rights, we have our legal tradition of presuming a person innocent until proven guilty.
That's where the defense lawyer comes in. Where the prosecutor looks at a case from the perspective of law enforcement, the defense attorney looks at it from the perspective of the accused. The defense attorney protects each defendant's rights. She makes sure that all relevant evidence and arguments are brought forward to explain the incident as the accused experienced it. Juries make final decisions about guilt and innocence and judges, if necessary, determine sentences. But a defense attorney is crucial to ensuring a fair and balanced interpretation of the facts of each case. Without defense counsel, justice cannot be served.
"Sacramento Police Officer Accused of DUI," August 18, 2009, KCRA.com
"Sacramento County Deputy in Crash Has Used Painkillers," September 9, 2009, Sacramento Bee
