In Defence of Criminal Defence

Welcome to Andrei’s Angle, where the cause stays actionable.

My name is Andrei Uzumtoma and I’ve been ‘summering’ at The Law Firm of Ted Yoannou for just over a month now.  Every client, every charge, and every case has been a learning moment for me.  So, I wanted to document my summer by creating a column on the website; a column where I can discuss the legal topics of today that permeate my psyche, and of course, in true Andrei fashion, advance an argument (or five).

This column will serve as a treasured memento when I look back at my career in 5 or 10 years, wondering what subject matters interested me, what views I had, and whether anything has changed.  Because some of it will undoubtedly change.  This month alone, I’ve had my biases uprooted with my brain stretched wide, pulled apart like plasticine and remolded.  In other words, I am Megamind.

Certain opinions have softened.  Others have hardened.  Most importantly, I didn’t expect how emotionally fulfilling criminal defence work would be.  It dawned on me that others might not expect this either.  Sometimes, defence work carries a skewed reputation, whereby the practice is miscast as being snaky and Machiavellian.  I want to straighten this angle.

The term ‘criminal’ carries undue prejudice.  Criminals do ‘bad things’.  The Crown prosecutes criminals, puts them in jail, and is revered as the ‘good guys’.  Ergo, defence lawyers must be the ‘bad guys’.  But that can’t be right; the work I’ve engaged in this month does not reflect that black-and-white oversimplification.

One of the first cases I got to work on this summer involved a young first-time offender.  For the purpose of this article, the client’s name will be anonymized, as will the facts of his story to protect his identity—so we’ll call him Xavier.  He’s 16 years of age and has persisted and pushed through the thicket of a tough adolescence, dealing with bullying and identity issues.  Now Xavier’s being charged with a crime, that if committed by one’s teacher, coach, boss, or husband would be inexcusable.  But when it’s alleged to be committed by a youth, the lens shifts.

Young persons lack the requisite life experiences to comport themselves with accountability or maturity.  They haven’t used their “think before you act” muscles enough or developed a strong moral compass yet.  Accordingly, we must protect and guide vulnerable youngsters like Xavier through compassionate lawyering.  I’ve watched one of our lawyers, Rachel Neiman, do just that, endlessly patient, whether picking up the phone on the eighth call that week, or walking a client through the same concept as many times as it takes.  I’ve learned that sometimes the most important thing is to put the law aside and just listen and be a steady presence.  If it were your child, you’d want someone like Rachel in their corner to help navigate a daunting criminal justice system.

Enter Megamind once more, the titular protagonist of the 2010 DreamWorks animated movie Megamind.  Initially a highly intelligent supervillain and self-proclaimed ‘master of villainy’, Megamind uses his brains and brawn to save the day, inadvertently stepping up to become Metro City’s new hero.  Like Megamind, defence counsel are also masters of villainy—in the sense that defence lawyers masterfully communicate with those who have been villainized by society and use their skill and tenacity to carve out the best possible outcome.  Defence counsel are the heroes just as much as the Crown.

The way I see it, criminal defence work is a lot like reading the beginning chapters of one’s story.  Except you’re a new character that has entered the plot.  You’ve been presented with the facts and the evidence, and tasked with the profound responsibility of helping the client write the remaining chapters.  And every client deserves the chance to write a better ending to their story.

Andrei’s Angle adjourned.

 

These articles are provided for general information purposes only and are not intended as legal advice.

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