why I do what I do...and why you wouldn't want it any other way...

I have a friend at the local district attorney's office. whenever we run into each other at the courthouse "what are you doing here?" is inevitably the first question asked. his response, without fail - "putting bad guys in jail"...my response, without fail - "keeping criminals on the street." unfortunately, that is how all too many people view what it is we do...he gets convictions, I help murderers, rapists and child molesters go free.

in a nation that claims to pride itself on being a bastion of justice and liberty, it is amazing how many people immediately react to the criminal justice system with disdain for the basic rights which make that justice and liberty possible. the general public develops a mentality which supports convictions at all costs...because if they are sitting at the defense table, they must have done something to get there. frighteningly, this attitude begins to infect the district attorney's office itself...and representing the people, fairness and justice take a back seat to winning...hence the joke "putting bad guys in jail."

and at first glance we think that is a good thing, prosecutors zealously trying to convict. so we overlook sleazy tactics and underhanded approaches which are nothing if not attempts to subvert constitutional rights...what many refer to as "technicalities"...what true Americans call indispensible rights.

and so on countless occassions, when informed of what it is I do for a living the first thought in many people's minds is that I simply "keep criminals on the street." and so I am asked one question again and again - how can you defend those people? the question comes from self-proclaimed liberals just as often as god-fearing conservatives. and everytime it is asked, I shudder a little inside with the realization that the dream once that was America has not progressed much from the days of the witch hunts.

so if you have ever considered asking that question of those of us that "keep criminals on the street" I have one simple question for you...would you really want it any other way? would you really want to know that the presumption of innocence becomes meaningless the second an indictment is filed - even if it is against a ham sandwich? would you really want to know that there was no recourse for you or anyone else if you were no longer free from arbitrary and unreasonable searches of your home and seizures of your belongings? would you really want a police state that could force you into a false confession? would you really want to know that you could, at any time, be thrown into a system which you did not understand and expected to defend yourself and follow all the rules without any help whatsoever? would you really want to know that your freedom and liberty could be taken away without you at least getting a chance to stop it? would you really want to face the prospect of having the government bring all its resources against you for something you did not do and be left with no means to counter that?

in the end, my friend is a good man and a quality district attorney. if seriously asked, he would not say he "puts bad guys in jail." he would tell you he seeks justice, keeping in mind that he represents all of the people, including the individual sitting at my side. and, if seriously asked, I would not say I "keep criminals on the street." I would tell you I ensure that your constitutional rights remain entact, because if they are not guaranteed for the least deserving, they will not be available for the most deserving.

trust me...when it is the State of New Mexico or whichever state you reside in against you...or when it is the United States of America against you...you would not want it any other way.

the king's taken back the throne...