The question of ethics in the legal profession is one that has plagued the industry since
its inception. The common image of an attorney is one who will resort to any unethical trick to twist the laws to fit his purposes. In the more specific industry of criminal law, defense attorneys are often criticized for advocating on behalf of defendants who are "obviously guilty," thus becoming roadblocks on the path to justice. Much to the contrary, however, defense attorneys provide a valuable serve that should earn them praise, not scorn.
While it is true that every lawyer will do everything within his power to interpret the laws in the manner most beneficial to his client, such a characterization is by no means limited to defense attorneys. The prosecutor will do the same thing, employing all his legal knowledge and know-how to establish the guilt of the defendant. In this respect, the vague nature of the law is highlighted, and it becomes a virtual necessity for each side to use every tool at their disposal, on the assumption that the other side will also use every tool at his. The net result emerges as a positive, in which the tricks of the opposing attorneys cancel one another out, leaving only the truth, clearer and devoid of manipulation, presented for the jury's consideration.
Further, the defense attorney is a vital element of the American judicial system, in that without him the defendant would stand no chance whatsoever. Under the constitution, even the most "obvious guilty" defendants are guaranteed the right to a fair trial, involving someone able and willing to advocate on his behalf. Of course, there are bad apples in the industry who are unethical and care nothing for actual justice, and whose only concerns are their wallets. Generally speaking, however, without defense attorneys, the system would crumble into a mere machine in which defendants are assumed guilty, without a chance to argue or prove otherwise, and many innocent people falsely charged with crimes would be severely punished for transgressions that they didn't commit.
It is a basic fact that the adversarial system of justice in the United States is necessary in order to ensure the fairest and most unbiased presentation and evaluation of the facts possible. Without defense attorneys, that system cannot be carried out, and would result in a loss of the civil liberties that the nation enjoys and treasures. To that end, all of those who make that process a reality, including defense attorneys, deserve our support and admiration, not our suspicion and disdain.
The best title for this passage would be ______.
A．Ethics and the Defense Attorneys
B．Modern Law and Society
C．A Misunderstood Profession
D．Vital Elements of the Adversarial Judicial System
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