{"id":26130,"date":"2011-08-09T09:44:39","date_gmt":"2011-08-09T13:44:39","guid":{"rendered":"http:\/\/valorguardians.com\/blog\/?p=26130"},"modified":"2011-08-09T09:44:39","modified_gmt":"2011-08-09T13:44:39","slug":"in-defense-of-defense-attorneys","status":"publish","type":"post","link":"https:\/\/www.azuse.cloud\/?p=26130","title":{"rendered":"In Defense of Defense Attorneys"},"content":{"rendered":"<p>Let me start out with two inviolable facts:<br \/>\n1) I love Zombie\u2019s reporting;<br \/>\n2) Rape is second only to Murder in terms of worst crimes that can be committed.<\/p>\n<p>Nonetheless, something from Zombie\u2019s article today rather peeved me:<\/p>\n<blockquote><p>In Western culture, we blame the rapist. When challenged on this detail, SlutWalkers will usually point out that in rape trials, the victim is sometimes humiliated, as the rapist\u2019s lawyer will try to slander the victim\u2019s reputation as a way of exculpating his client.<\/p>\n<p>Well, sure, that happens. That\u2019s because lawyers are douchebags. Step outside the confines of the courtroom, and everybody despises the sleazy lawyers who resort to this tactic. Underhanded trial maneuvers are not the same thing as societal consensus.<\/p><\/blockquote>\n<p>The sad reality is that false allegations of rape occur. I will go through some of the more memorable ones in a minute, but I did some looking into the number of such false allegations, and the data is pretty much all over the place. One study found in a certain area it was nearly 40 percent. (This study is VERY controversial, but wanted to set an upper limit.) The study entitled <a href=\"http:\/\/blog.lib.umn.edu\/jbs\/maysession\/KaninFalseRapeAllegations.pdf\">False Rape Allegations by Eugene J. Kanin, Ph.D. found<\/a>:<\/p>\n<blockquote><p>With the cooperation of the police agency of a small metropolitan community,45 consecutive, disposed, false rape allegations covering a 9 year period were studied. These false rape allegations constitute 41% the total forcible rape cases (n = 109) reported during this period. These false allegations appear to serve three major functions for the complainants: providing an alibi seeking revenge, and obtaining sympathy and attention. False rape allegations are not the consequence of a gender-linked aberration, as frequently claimed, but reflect impulsive and desperate efforts to cope with personal and social stress situations.<\/p><\/blockquote>\n<p><!--more--><\/p>\n<p>I don\u2019t buy the 40 percent figure, even a little. <a href=\"http:\/\/www.amptoons.com\/blog\/2009\/04\/15\/eugene-kanins-study-of-false-rape-reports\/\">Neither does this person who did an in-depth refutation of it<\/a>:<\/p>\n<blockquote><p>Eugene Kanin famously found that 41%, or perhaps 50%, of rapes reported to police are false. Kanin&#8217;s study is both badly designed and unverifiable; more reliable studies have found that between 2% and 8% of rapes reported to police are false reports.<\/p><\/blockquote>\n<p>Just for the sake of discussion, let\u2019s assume the lower limit of the second study is accurate, and it is 2 percent. Should those 2 percent who are falsely accused have their lives destroyed for the victims of the other 98 percent, or should they be entitled to a vigorous defense?<\/p>\n<p>Some quick cases might make this more compelling.<\/p>\n<p>I\u2019m going to assume that no one has time to watch an hour and 25 minute special, but watch the first 5 mins of this video from PBS about the Scottsboro Boys if you would.<\/p>\n<p><iframe loading=\"lazy\" src=\"http:\/\/www.youtube.com\/embed\/yCBV-GhyINY\" frameborder=\"0\" width=\"425\" height=\"349\"><\/iframe><\/p>\n<p>Now look, I have no idea what happened in Scottsboro almost a 100 years ago, but I would still maintain that defense lawyers should zealously defend their clients in a case like this. A \u201crapist\u201d isn\u2019t guilty until proven so, just like any other purported criminal. Now, do I think that every lawyer should go down the rabbit hole of looking into the victims background? Obviously no, but sometimes that background is entirely germane.<\/p>\n<p>How about the infamous Tawana Brawley case? Hate to use Wiki, but let\u2019s be honest, the research alone for a case everyone knows about would take me longer than I have available, <a href=\"http:\/\/en.wikipedia.org\/wiki\/Tawana_Brawley_rape_allegations\">so you get this<\/a>:<\/p>\n<blockquote><p>Tawana Brawley (born 1972) is an African-American woman from Wappinger, New York. In 1987, at the age of 15, she received national media attention in the United States for accusing six white men, some of whom were police officers, of having raped her. The accusations soon earned her notoriety, which was inflamed by Brawley&#8217;s advisers (including the Reverend Al Sharpton and attorneys Alton H. Maddox and C. Vernon Mason), the statements of various public officials, and intense media attention.[1] After hearing evidence, a grand jury concluded in October 1988 that Brawley had not been the victim of a forcible sexual assault and that she herself may have created the appearance of an attack.[2] The New York prosecutor whom Brawley had accused as one of her alleged assailants successfully sued Brawley and her three advisers for defamation.[3]<\/p>\n<p>[T]he grand jury noted many problems with Brawley&#8217;s story. Among these were that the rape kit results did not indicate sexual assault. Also, despite her claim of having been held captive for days, Brawley was not suffering from exposure, was well-nourished, and appeared to have brushed her teeth recently. Despite her clothing being charred, there were no burns on her body. Although a shoe she was wearing was cut through, Brawley had no injuries to her foot. The racial epithets written on her were upside down, which led to suspicion that Brawley had written the words. Testimony from her schoolmates indicated she had attended a local party during the time of her supposed abduction. One witness claimed to have observed Brawley&#8217;s climbing into the garbage bag.[18] Brawley never testified.[19]<\/p><\/blockquote>\n<p>Lastly, the case that got me REALLY interested in law, the Duke Rape Case. Is there anyone out there who still buys into Crystal Magnum\u2019s story? Those lacrosse players were guilty until proven innocent, and this dumb bitch is still trying to shop her story around.<\/p>\n<p><iframe loading=\"lazy\" src=\"http:\/\/www.youtube.com\/embed\/dw9wWBlcfhY\" frameborder=\"0\" width=\"425\" height=\"349\"><\/iframe><\/p>\n<p>I guess I have been co-opted. Are some lawyers douchebags? Sure. Same with dentists, accountants and bloggers. I\u2019ll even concede that lawyers have a higher per capita douchebag quotient than any other occupation if it means anything. But, I don\u2019t think trying to zealously defend someone accused of a crime by pointing out evidence which exculpates them is being a douche. Defense lawyers weren\u2019t going after Tawana and Crystal Magnum to \u201cslander the victim\u2019s reputation\u201d; they were pointing out that the stories were complete horseshit. Zombie states that \u201ceverybody despises the sleazy lawyers who resort to this tactic\u201d and that is largely true, except when it isn\u2019t. I despise people who shoot someone in a house, except when person A is breaking in, and person B is a grandma with a shotgun who ventilates person A. Sometimes lawyers aren\u2019t \u201cresorting to a tactic\u201d they are trying to establish that something is just plain false.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Let me start out with two inviolable facts: 1) I love Zombie\u2019s reporting; 2) Rape is &hellip; <a title=\"In Defense of Defense Attorneys\" class=\"hm-read-more\" href=\"https:\/\/www.azuse.cloud\/?p=26130\"><span class=\"screen-reader-text\">In Defense of Defense Attorneys<\/span>Read more<\/a><\/p>\n","protected":false},"author":148,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[],"class_list":["post-26130","post","type-post","status-publish","format-standard","hentry","category-politics"],"_links":{"self":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts\/26130","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/users\/148"}],"replies":[{"embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=26130"}],"version-history":[{"count":0,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts\/26130\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=26130"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=26130"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=26130"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}