Legal Lens: Viewing Law Through Ingrum Expertise
When most people think about criminal defense lawyers, they often imagine attorneys getting guilty people off the hook. But the reality is far more nuanced. Criminal defense isn't about defending criminals at any cost; it's about ensuring that justice is served accurately and fairly. In this blog, we dive into the misconceptions surrounding criminal defense work, the importance of correct charges and punishments, and the role of plea bargaining in achieving balanced justice for all parties involved.
The Initial Hesitation
Many aspiring lawyers, myself included, start their careers with reservations about practicing criminal defense. The thought of defending someone who might be guilty can feel unsettling. You understand that everyone is entitled to a defense and that the state must prove guilt beyond a reasonable doubt. Still, the idea of defending a known offender can create a moral conflict. I felt this way too, initially thinking, "They're entitled to a defense, but not by me."
Understanding the System
However, once I began practicing law alongside my father, Bob Ingrum, who had 45 years of experience in criminal law, my perspective shifted. I saw firsthand how the system operates. Often, people are guilty of a crime, but not necessarily the crime they're charged with. Overcharging by officers or over-indicting by district attorneys can sometimes lead to exaggerated charges. For example, someone may be charged with first-degree murder when the facts only support voluntary manslaughter.
The Role of a Defense Attorney
A defense attorney's first job is to ensure the charge fits the factual elements of the crime committed. This means examining the state's burden to prove each element of the crime beyond a reasonable doubt. The goal is not just to get someone off but to make sure the charge is correct and reflects what actually happened. For instance, if the evidence supports a charge of second-degree murder rather than first-degree murder, the defense attorney works to adjust the charge accordingly.
Seeking Fair Punishment
Another critical aspect of criminal defense is advocating for fair punishment. Sometimes, good people make bad decisions or have a single bad night that leads to a legal issue. In these cases, mitigating factors, such as a clean record or circumstances surrounding the crime, can be argued to reduce sentencing severity. Conversely, prosecutors may argue enhancement factors to increase the punishment. Through negotiations and plea bargaining, both sides can often arrive at an agreement that considers these factors.
The Reality of Plea Bargains
Contrary to the misconception that defense attorneys are always trying to "get someone off," the reality is that most cases end in a plea bargain. This involves negotiating a punishment that both the state and the defendant can accept. The aim is not to eliminate punishment but to ensure it's fair and just for the crime committed. Plea bargains serve justice by avoiding the risks of a trial, offering certainty, and often providing a more balanced outcome for all involved.
Conclusion
Criminal defense is far more than just defending guilty people; it's about making sure the legal system works as it should. Ensuring that charges are accurate and punishments are fair is the true essence of justice. For defense attorneys, the objective is to advocate for justice that serves both the state and the defendant, balancing the scales fairly and ethically.
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