Right back to the circular problem-justifying the conclusion of guilt by presuming it from the allegation (not the proof). “But I’m talking about the guilty people,” they explain. Too often, though, that concept is discarded without any real contemplation.

I can almost see the vague notion of actual innocence tumbling around in someone’s thought process. So how can I represent someone accused of an awful, perverted, offense? My response is typically framed as question: “ What if my client is innocent?” Sometimes this question causes a pause. This flies in the face of the most basic tenant of our justice system-the presumption of innocence. The tendency is to presume guilt, not innocence, based merely on the allegation. This is exactly how and why I do what I do. “How can you represent that rapist, pervert, abuser, etc.?” The question presumes guilt from the allegation. In other words, the question is not how I can represent someone who is guilty of an awful crime. It’s tellingly significant that the question rarely distinguishes guilt from innocence. I have often been called to explain how and why I can represent people accused of a heinous act, particularly when the media has done its work on the story. The less we recognize it, the more susceptible we are to it. We confirm our preconceived notions of what we believe something to be. We tend to interpret things in a manner consistent with our internal bias. That bias influences our perception of everything. We are all inherently biased in some way. But in the end, it is subject to the flaws and limitations of its human foundation. We like to think it is bigger and better than the sum of its parts. After all, the system is built and maintained by humans. We cannot simply attribute such miscarriages of justice to bad motives. But because of the righteous cause or the crude offensiveness of the allegation-this becomes justifiable, even if it means convicting an innocent person. In these situations, the ground is fertile for convictions (false or not) based on questionable allegations supported by marginal or unreliable evidence. Sometimes crimes are overtly driven by political motives, resulting in some of the most egregious miscarriages of justice. We have all heard of rape exonerations after DNA reveals the true perpetrator-sometimes after a wrongfully accused and convicted defendant spends years in prison. Unintentional false allegations are also common. Sometimes there are nefarious motives, and an alleged victim just flat out lies. We find that reality has given way to perception. When we really dig into the allegations, things become blurred. In reality, it’s not always so obvious that someone accused of an offensive, heinous act is guilty. When an alleged act is so offensive on its face (or otherwise significant for one reason or another), the media or the political forces raise the public hue and cry, and the angry mob assembles.īut like most things in the world, the superficial assessment is seldom accurate. In metaphorical terms, the “hue and cry” still exists today.

If he willingly turned himself over, the crook would get whatever justice the system meted out. And if he attempted to evade the pursuit, the mob was entitled to kill him if they happen to find him evidence of guilt, at least enough evidence to satisfy the mob. If the criminal ran, the mob would give chase. The community would assemble the mob and chase down the bad guy. In early English times, a victim wronged by a felon had a duty to raise the “hue and cry” of the community. In these cases, the “hue and cry” takes over, and left unchecked, mob justice will prevail. I mean cases where the conduct is offensive to the core, like an alleged rape or murder of a child or a “hate” crime that offends the current political sentiment. Based on my experience, more people are wrongfully accused in cases involving the worst allegations. I have defended murder cases, arson cases, federal fraud cases, DUI cases, domestic violence cases, alleged school shooting cases, and just about every other criminal case imaginable. I have been representing people accused of all sorts of crimes for the past 25 years. Defending Against the Hue and Cry of the Angry Mob

Raise the hue and cry