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Excerpt from the book:
In
many ways the lawyer is an appropriate example of hypocrisy in
civilized society. He or she is trained to defend the innocent
and the guilty, the exploited and the exploiter, the government
and the law-breaker, the criminal and his victim. Ironically,
the noble concept that everyone is innocent until proven guilty
has been perverted by lawyers into the ignoble practice of proving
that the guilty person is innocent. In the legal profession hypocrisy
is not only pervasive; it is indispensable.
There is an absurd anomaly in the Anglo-Saxon tradition: although
witnesses and litigants are compelled to swear that they will
tell the truth and nothing but the truth, lawyers are permitted
to lie. Lawyers for the defense are expected to pretend that their
clients are always innocent; prosecutors are required to pretend
that all accused persons are guilty.
Another absurdity results from good intentions; in the United
States, before a conversation can be recorded electronically,
all the participants must agree to permit the recording. Since
few criminals are eager to confess on tape that they have committed
crimes, irrefutable evidence on electronic recordings is often
ruled inadmissible in court. So murderers who admitted killings
on tape have gone free. And a man who told a policeman where he
buried the body of a little girl he had killed was permitted to
have that confession thrown out of court because the policeman
had not properly cautioned him.
A defense lawyer in Colorado persuaded a judge, and two subsequent
Appellate Courts, that his client's confession should be thrown
out because the defendant had been coerced. The coercion, the
lawyer explained, had been committed not by the police but by
God, who disturbed the murderer's conscience so much that he confessed.
The Supreme Court eventually restored sanity by over-ruling the
Appellate Court.
Again and again we see the unreliability of appearances. In
thousands of law cases honest witnesses describe the same event
in contradictory terms. In numerous law cases honest witnesses
identify innocent persons as guilty, and fail to identify the
guilty. Erie Stanley Gardner, a lawyer before he became a writer
of popular detective stories, once wrote an article listing twelve
cases of misidentification that he had observed. There is no litmus
paper test or divining rod that infallibly reveals the truth.
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