My reading is primarily non-fiction, so I’m pretty picky about which novelists I’ll spare reading time for. One is Scott Turow, a former attorney whose fiction set in courtrooms rings true to my own experience after years as an arresting officer, police department prosecutor, and expert witness. His latest, this year’s “Presumed Guilty,” ran true to form.
Here’s one thing he wrote there which I consider a truism: “’God save me from the innocent client.’ That is the watchword of defense lawyers. When I was a prosecutor, I never really understood the phrase, except as a smartass expression I often heard from a lawyer on the other side, since they’d usually follow it by saying, ‘But God has been good to me in this case.’ Yet there is a grim truth in the maxim. The burden of this case has increased enormously in the last few days. It’s no longer enough to commit every fiber to doing my best. I must – must – win.”
I’ve found that to be absolutely true. However, he followed with something I would debate in part: “Innocent clients are also harder to represent in a fundamental way. They are unpredictable. Guilty clients will lie, deny, blame others. They have a certain limited register of reactions. Innocent clients, caught in their nightmarish predicament, cannot be counted on to be rational because they have understandably lost all faith in reason as a governing principle of the social world.”
I’ll buy the loss of faith part, for sure. As Turow says, it’s understandable. However, I’ve seen again and again that a properly prepared defendant, testifying to the truth, can get that truth across to judge and jury. I do primarily self-defense use of force cases. They are not “whodunnit” but “why did she or he do it,” and only he or she who fired in self-defense can truly, fully explain why.
I found “Presumed Guilty” an excellent read, and recommend it. The trial tactics and dynamics therein are pretty much spot on.
As always, Mas nails it! Self def class or book critique, I’ve yet to find him incorrect. ESPECIALLY his joke why lawyers wear neckties.:)
With delight, from someone who met you @ Ernie’s class in Flyover Country.
I like what was said at the end of opening statement, in Presumed Innocent. “If we can not find the truth, what is our hope of justice”. I’ll give this one a listen. It sounds like a good one.
Sometimes I feel afraid to defend myself even with a pool noodle…
Thanks for the recommendation. I’m always looking for new authors on the free Libby app. I’ve been working my way through the Lucas Davenport novels since seeing them mentioned here.
Thanks for the referral Mas. Many years ago I found this to be true down to the simplest form of children misbehaving, the rotten kids “lie, deny, blame others” and the good kids own up to their mistakes. I know that is a little simplistic, but I still see it on a regular basis in daily life.
Thanks, facing some post op time where I’m not allowed to do anything but breathe. Will add that to the list I’m making for B&N shopping.
Some years back I got started on a series set in an upper mid west Sheriff’s office, but either the author died or the series died after 3. Shame, well done with good characters.