For the Defense - Vol. 4, Issue 3 - 13
the right of habeas corpus or the right to an
impartial tribunal challenging their detention.
The 2010s started the realization that people
are more than just the worst thing they have
done in their lives. We were wrong in the '90s
when we thought that juvenile "superpredators"
were irretrievably corrupt. In 2016, we started
resentencing juveniles sentenced to mandatory life
without parole, giving them an opportunity for
release based upon demonstrated rehabilitation.
We have seen individuals emerging from prison
after 20, 30, 40 or even 50 years of incarceration
and becoming contributing members of society.
We have proof that even convicted murderers can
grow, change, and be redeemed. Of course, for
this to have the best chance of success, there must
be resources devoted to re-entry. Coalitions have
begun forming to provide the resources beyond
that provided by the Department of Corrections.
The #MeToo Movement has now presented us
with latest new candidates for most reprehensible:
powerful men (and a few women) who have
been accused of preying upon and abusing their
subordinates, and even children. If there's anything
clear from my very brief historical overview above,
it's that society is often too quick to label an entire
category of people as reprehensible. We live now
in an age where the 24-hour news cycle and social
media are quick to play the role of judge and jury.
They must be resisted because they can never be a
substitute for the fair legal process of being tried
before a jury of one's peers with a zealous defense
advocate.
The reasons for representing the most
reprehensible are clearer today than ever. Mere
allegations have caused people to lose their
reputation and their livelihood, sometimes
unfairly. For an attorney to stand up and represent
these "reprehensible" people is not without risk.
Harvard Law School Professor Ronald Sullivan, Jr.
agreed to be part of the team representing Harvey
Weinstein. For ten years, he had served as a faculty
dean at one of the Harvard undergraduate dorms,
Winthrop House. When current students petitioned
to have him removed as dean simply because he
represented Harvey Weinstein, Harvard College did
not renew Prof. Sullivan's appointment as the dorm
faculty dean. Professor Sullivan subsequently wrote
in an Op-Ed in the New York Times: "Unchecked
emotion has replaced thoughtful reasoning on
campus. Feelings are no longer subjected to
evidence, analysis or empirical defense. Angry
demands, rather than rigorous arguments, now
appear to guide university policy."
Vol. 4, Issue 3
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For The Defense
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For the Defense - Vol. 4, Issue 3
Table of Contents for the Digital Edition of For the Defense - Vol. 4, Issue 3
Contents
For the Defense - Vol. 4, Issue 3 - 1
For the Defense - Vol. 4, Issue 3 - 2
For the Defense - Vol. 4, Issue 3 - Contents
For the Defense - Vol. 4, Issue 3 - 4
For the Defense - Vol. 4, Issue 3 - 5
For the Defense - Vol. 4, Issue 3 - 6
For the Defense - Vol. 4, Issue 3 - 7
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For the Defense - Vol. 4, Issue 3 - 54
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