I think most defense attorneys honestly believe the principle that says, 'Better 10 guilty go free than even one possibly innocent person be convicted.'
In representing criminal defendants—especially guilty ones—it is often necessary to take the offensive against the government: to put the government on trial for its misconduct.
I believe that even if a criminal defendant has committed a heinous wrong, they should still be treated with respect from everyone in the criminal justice system, including prosecutors
Technology is neutral: It convicts and finds innocents. We must make it a regularized part of the system, giving defendants access to DNA testing and evidence whenever it might be relevant.
When you come in to court as a plaintiff or as a defendant, it is terribly important that you look up at the bench and feel that that person represents you and will understand you, that that person is reflective of our community and of our society.
Arizona presents no specific reason for excepting capital defendants from the constitutional protections extended to defendants generally, and none is readily apparent.
I got the chance to argue my first case in Supreme Court, a criminal case arising in Alabama that involved the right of a defendant to counsel at a critical stage in a capital case before a trial.
[The defendant] has an absolute, unqualified right to compel the State to investigate its own case, find its own witnesses, prove its own facts, and convince the jury through its own resources. Throughout the process, the defendant has a fundamental right to remain silent, in effect challenging the State at every point to “Prove it!”
Demanding that all of us presume every defendant innocent outside of a courtroom is to demand that we stop evaluating facts, thereby suffocating independent thought and opinion. There is nothing 'reasonable' about that.
From the very beginning, our state and national constitutions and laws have laid great emphasis on procedural and substantive safeguards designed to assure fair trials before impartial tribunals in which every defendant stands equal before the law. This noble ideal cannot be realized if the poor man charged with crime has to face his accusers without a lawyer to assist him.
God forbid that the defendant should not be allowed the benefit of every advantage he is entitled to by law.
Americans are divided as to whether this should be encouraged and helped or not.
To exclude all jurors who would be in the slightest way affected by the prospect of the death penalty would be to deprive the defendant of the impartial jury to which he or she is entitled under the law.
One thing I know from personal experience, judges hate it when parties talk publicly about their cases. There are a lot of things about our criminal legal system that need to be changed, and this is just one of them. Prosecutors know how to play the press. Most defendants don't.
[A 2005 response to doping allegations] Unfortunately, the witch hunt continues and tomorrow's article is nothing short of tabloid journalism. The paper even admits in its own article that the science in question here is faulty and that I have no way to defend myself. They state: 'There will therefore be no counter-exam nor regulatory prosecutions, in a strict sense, since defendant's rights cannot be respected.' I will simply restate what I have said many times: I have never taken performance enhancing drugs.
A right to jury trial is granted to criminal defendants in order to prevent oppression by the Government.
I have yet to see a death case among the dozen coming to the Supreme Court on eve-of-execution stay applications in which the defendant was well represented at trial... People who are well represented at trial do not get the death penalty.
To force a lawyer on a defendant can only lead him to believe that the law contrives against him.
We should not televise trials. There's only one purpose for a criminal trial. It's to determine whether or not the defendant committed the crime. Anything that interferes or has the potential of interfering with that should automatically be prohibited.
With Bill Clinton, his lawyers always wanted him to say nothing about the Lewinsky scandal. Defendant Clinton had the right to remain silent. But President Clinton had a completely different need - political survival. That meant, in the end, that he needed to trumpet his supposed innocence and talk publicly to the American people.
I support an equal playing field for plaintiffs and defendants - and the way to get that equal playing field is not by having unlimited discovery.
A defendant on trial for a specific crime is entitled to his day in court, not in a stadium or a city or nationwide arena.
As one who was a prosecutor for many years, I can tell you that having a tape recording of interrogations would help everybody. It would make clear if there had been improper pressure exerted on a defendant or witness, and it would also protect the interrogating officer from false claims that such pressure had been brought to bear.
Most criminal defendants do not get adequate representation because there are not enough public defenders to represent them. There is a lot that is wrong.
The purpose of bail is to insure the defendant's appearance and submission to the judgment of the court. It is never denied for the purpose of punishment.
Prisoners at the bar, have you anything to say in your defence?