The Norman Transcript

May 2, 2013

‘Equality for all’ exemplified by attorneys

By Cindy Danner
The Norman Transcript

NORMAN — The concept of “equality for all,” celebrated by Law Day 2013, is exemplified daily by attorneys working with the Norman-based Oklahoma Indigent Defense System.

When judges determine that a citizen accused of a crime and facing loss of liberty cannot afford to hire a lawyer to help them, this state agency provides counsel. Attorneys employed by the system and private attorneys working with the agency strive to ensure equal justice for these accused citizens.

These “equalizers” are often asked to take on unpopular and unenviable cases. In high-profile and ugly crimes, those representing the accused are sometimes portrayed as “necessary evils,” with not much understanding for the “necessary.”

In the heat of anger and fear over a horrific crime, it can be hard to recall the founding principles of due process. It is the defense attorney who steps into the gap and has the duty of “equalizing” the government’s accusation by acting to protect the accused citizen’s rights.

In a case later dramatized in book and movie form as “Gideon’s Trumpet,” the Supreme Court described lawyers in the criminal justice system as “necessities, not luxuries.” This reality was premised on the foundation that just as “lawyers to prosecute are everywhere deemed essential to protect the public’s interest” and that few accused citizens “fail to hire the best lawyers they can get,” those without resources also need the help of lawyers when faced with government accusation.

The Supreme Court’s decision 50 years ago in the case of Gideon v. Wainwright recognized the “great emphasis” our founders placed on safeguards “designed to ensure fair trials before impartial tribunals.” The Supreme Court understood that “(t)his noble ideal cannot be realized if the poor man charged with a crime has to face his accusers without a lawyer to assist him.”

Whether an accused citizen turns out to be innocent or guilty, the right to “equal justice” under the law requires that someone have the opportunity to have a skilled lawyer to assist with a defense.

The ability to challenge the government’s evidence and provide meaningful explanation of events from the individual’s perspective is central to the level playing field where justice is sought.

This role is celebrated when it is shown that a person has been wrongly accused. It should be celebrated in every case. The American belief in equality for all means equality for each of us, even when it’s difficult and unpopular.

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