a public defender


Fate, it seems, is not without a sense of irony (updated)

Posted on March 11, 2008 by Gideon

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Update: Speaking of understanding the fallibility of humans, Anne at Deliberations has this post on who on a jury is more likely to forgive a defendant and why.

The researchers found that people of both genders are more forgiving when they see themselves as capable of committing a similar action to the offender’s; it tends to make the offense seem smaller. Seeing capability also increases empathic understanding of the offense and causes people to feel more similar to the offenders. Each of these factors, in turn, predicts more forgiving attitudes.  “Offenses are easier to forgive to the extent that they seem small and understandable and when we see ourselves as similar or close to the offender,” [Exline] said.

Original post: So by now you must have heard of NY Gov. Elliot Spitzer and his escort escapade(s). This from the same man who zealously pursued prostitution rings as a prosecutor and is generally known to give no quarter to others. He now finds himself in the opposite spot at the table, which used to be occupied by people (just like him, apparently) to whom he showed no mercy.

The irony is evident.

Yet, I want to take this opportunity to bang the drum one more time: It could happen to you, it could happen to me. We are people and people are fallible. All criminals aren’t bad people, just as all bad people aren’t criminals. There, but for the grace of God…

This, for me, is the singular reason for doing what I do (that Constitution thing comes in next). Elliot Spitzer may not have been a “bad person”; he made a few mistakes. It’s easy to rub his face in it (HAH!), given the stances he has taken in the past, but that should be no more than a moment of jest. For tomorrow it could be you.

So stop asking “how do you represent those people” or someone will laugh in your face when you get arrested.

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20 Comments »

Comment by John
2008-03-11 08:25:36

Maybe when he was zealously prosecuting prostitution rings he was actually…window shopping???

 
Comment by Gideon
2008-03-11 09:00:37

It would be the right time to do that. Maybe he got lonely at home, who knows? Everyone needs some lovin’.

 
Comment by John
2008-03-11 11:57:59

And in the immortal words of CSN&Y, “If you can’t be with the one you love, honey, love the one you’re with…” (Though I guess in the Gov’s case, switch “honey” for “money”)

 
Comment by NolleQueen
2008-03-11 13:04:07

Somehow this struck me as one of the more profound things you have had to say lately. I couldn’t agree more. It reminds me of when there is a “high profile” arraignment in the courthouse and everyone from the building turns out to look but it’s usually a bit of let down for the crowd, because the defendant just looks like the rest of us….

 
Comment by Gideon
2008-03-11 16:12:44

NolleQueen: Savor it. Won’t happen again for a while. Profundity is not my cup of tea :)

 
Comment by SPO
2008-03-11 16:25:41

Well, Wall Street certainly is happy.

 
Comment by Gideon
2008-03-11 16:36:03

Had no idea so many people didn’t like him so viciously.

 
Comment by SPO
2008-03-11 17:33:10

When you, with questionable tactics and impure motives (i.e., coercing the appointment of buddies, see, e.g., Marsh), cost people billions of dollars in lost shareholder value (e.g., AIG), it tends to piss people off. Couple that with the self-righteousness he displayed and the fawning treatment by the press (which hasn’t a clue, generally speaking, about finance–think about it, how many times do they goatrope simple criminal law stuff, financial stuff and the regulations are quantum leaps more complicated), and you have the makings of major-league hatred.

Same kind of thing–Barack Obama yammers on about corporations doing slimy things, but levers his political connections with a sleazeball to buy his house.

 
Comment by Karoli
2008-03-12 05:24:25

I’m so glad you do what you do…we should really pull out of the war on sex anyway. ;-)

Cheekiness aside, there are aspects of the investigation into Spitzer that really bother me, particularly with regard to his bank’s role in the whole thing. I am not saying that he was right in this (though I really think this business of prosecuting him for paying for sex is stupid..), but when I hear ‘wiretap’ and DOJ and some of the other terms I’ve heard, I can’t help but wonder whether he stupidly let himself be the target of a political character assassination. He did, after all, make some of the money boys on Wall Street angry, nervous and vengeful.

Maybe it’s just political paranoia, but I’m glad he’s got a good defense attorney who is hopefully pushing back. All of these words to say I’m glad you do what you do, too.

 
Comment by Chris
2008-03-12 17:27:23

But for the grace of God indeed…

I couldn’t agree more.

 
Comment by Stephen Gustitis Subscribed to comments via email
2008-03-13 15:32:08

Gideon:
Each of us are just a phone call, or email, away from doing something equally stupid. With understanding, comes empathy. With empathy, comes forgiveness. When WE forgive our clients for doing something terribly stupid, we are ready to go to the mat for them. Thanks for your insight.

sg

 
Comment by SPO
2008-03-13 17:06:29

A lot of times, SG, what your clients do is terribly evil . . . .

 
Comment by Stephen Gustitis Subscribed to comments via email
2008-03-13 17:18:28

SPO:
I could not agree more. But as professionals, the criminal defense lawyer must get past the worst thing our clients have ever done and get into their skin. Only there does empathy live and forgiveness exist.

sg

 
Comment by SPO
2008-03-13 18:38:29

UNderstand that, but calling some of these things “stupid” is euphemistic and terribly off-putting.

 
Comment by Stephen Gustitis
2008-03-13 20:02:40

SPO:
I can live with that criticism of my choice of adjectives. :-)

sg

 
Comment by EdinTally
2008-03-14 09:39:25

“Terribly Evil”? sounds like the first step to categorizing people who are just like you as being something “less”.

 
Comment by SPO
2008-03-14 14:07:38

Somehow I doubt a lot of your clients are “just like me”. I am a law-abiding citizen.

 
Comment by Gideon
2008-03-14 14:11:46

The point is: so were they, until they committed their crime.

You may try to live your life the best you can in a law-abiding manner, but you don’t know what’s going to happen in the future and you don’t know how certain events may impact you.

 
Comment by Stephen Gustitis
2008-03-14 14:59:47

“Arrogance diminishes wisdom”

Arabian Proverb

 
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