March 18, 2005
Defenders More At Risk Than Prosecutors. In "Prosecutors and judges also stand in the line of fire" Dan Abrams at MSNBC rightfully concluded that our society doesn't sufficiently appreciate the risks taken by judges and prosecutors. Sadly and misleadingly, all he had to say about defense attorneys is that "if you listen to defense attorneys, prosecutors get the wrong guy in every case." In a subsequent post (scroll down a bit to the section of the terrorists-buying-guns post under "rebuttal") Abrams responds to a complaint that he omitted public defenders from the list of those to appreciate; Abrams maintains that "it's the prosecutors and judges who are far more regularly threatened by the criminals."
Wrong. According to the deputy director of the California District Attorneys Association, being a public defender is more dangerous than being a prosecutor:
While violence is a concern for prosecutors, it doesn't occur as often as it does to defense attorneys, said Wayne Strumpfer, deputy director of the California District Attorneys Association. "Obviously, (public defenders) have closer contact so there's better opportunity," said Strumpfer. "And there's a weird concept by the defendants. They tend to respect that we have a job to do. (If they don't get what they want) then they tend to take it out on the defense attorney."
Curtis, Diane, Lawyering Can Be A Dangerous Job, California Bar Journal, March, 2004. This is confirmed by L.A. County Public Defender Michael Judge:
Michael Judge, Los Angeles County chief public defender and chair of the legislative committee of the California Public Defenders Association, says a week doesn't go by without an attempt or actual attack on a public defender somewhere in the state. The attack could be rape — a rarity — or, more common, stabbing with a handmade knife that had been hidden in a body part or being "gassed" with urine, sputum and/or fecal matter.
Id. Sadly, Public Defender Dude has a post this week about a public defender who was slashed on Monday by her client who had smuggled a razor blade into the courtroom in his mouth.
Posted by Jonathan Soglin at 06:20 AM | Permalink
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Comments
I agree that defense counsel is generally first in the line of fire. As a former DDA, I've seen defense counsel spat upon and punched in the face by their clients. However, allow me to direct you to the facts of People v. Hall (2002) 101 Cal.App.4th 1009, for support of Abrams's position.
Posted by: BullDAG | Mar 18, 2005 9:12:33 PM
I agreed with Abrams's position that there may be under-appreciation of the risks faced by prosecutors. People v. Hall confirms that those risks to prosecutors exist. But how does Hall support Abrams's position that prosecutors are more at risk than defense attorneys? I don't think it does.
Posted by: J. Soglin | Mar 19, 2005 7:56:38 AM
Small practice tip for those new to the defense bar:
I have a very simple rule when dealing with clients, in cuffs or out of cuffs. Never hand anything to a defendant, such as a pen, that they can readily shank & hurt you with. I use felt pens as they don't hurt as much when you get stabbed with them.
I am not sure if prosecutors have similar unwritten rules.
- k
Posted by: karl | Mar 23, 2005 8:05:24 PM
"For every action there is an equal but opposite reaction"
We all can understand the frustration that any person will feel when someone you don't know and doesn't know you is responsible for representing you in court. Sure, criminals understand the role of the PD but lets be real.....
Public defenders don't care about their "clients".
If you recall that in mid February the ABA released a report admitting that thousands of people across the US are convicted falsly!! The "meet them and plead them" mentality of the court system is comming back to haunt them. And also an article in "On Trial" magazine that bluntly says that "the truth is not enough to set you free in a cout of law" I'm sorry but, isn't the whole point of the court system to seek the TRUTH and not only what the DA can prove. Because the TRUTH and what can be proved are 2 very different things.
I cannot support violence in any way, but given how the system works I can't really blame them.
Posted by: Hex | May 16, 2005 4:16:37 PM
I have to agree that the defense attorney doesn't always get the credit they deserve. Mr. Strumpfer, I wanted to let you know that I follow your work and ran into one of our mutual contacts Mary Power at the local supermarket last week...please contact me at my email address when it is convenient for you...thank you
Posted by: Patty McVey Wertz | Jul 24, 2007 7:49:13 PM
