John Adams: A Great Criminal Defense Attorney

One of my favorite criminal defense lawyers is John Adams. On this 4th of July weekend, I think it is appropriate to remember what great men the founding fathers were.

John Adams was practicing law near boston when the "Boston Massacre" happened. The Lynn Ranch blog sets the scene:

"On March 5, 1770, six years before the formal break from England, an unruly mob gathered in front of Boston's Customs House. After pelting British troops with snowballs and rocks, the crowd surged forward; the troops fired into the mob, killing five people. From the colonial viewpoint, this was the 'Boston Massacre.' As far as the British were concerned, it was a riot. Both views are credible."

12 of the soldiers were charged with murder. The court could not find a lawyer who would defend the soldiers. The case was deeply unpopular. Adams, who had political aspirations, believed that if he took the case, his reputation would be permanently damaged. But he thought it was more important that the men get a fair trial than for him to be able to run for office.

"Under Adams' skillful defense, six of the soldiers were acquitted. Two who had fired directly into the crowd were charged with murder, but were convicted only of manslaughter. Adams was paid eighteen guineas by the British soldiers, or about the cost of a pair of shoes. Beyond the fee, Adams wanted to prove to the world that American justice was balanced and fair."

People frequently ask me, "How can you be a criminal defense lawyer? How can you defend guilty people?" I like to think that in my small way, I am following in John Adams footsteps. Like him, I believe that our justice system requires skillful advocates on both sides. I can't change the facts of my clients' cases, but I can make sure that they don't get convicted of a crime unless the prosecutors do their job.

As we celebrate our country's independence, I am grateful that we live in a land where we are governed by the rule of law. I am grateful that John Adams and the other architects of the Constitution built a procedure that protects the innocent as well as the guilty.

Illegal Automobile Search Results in Evidence Being Thrown Out

When the police stop a car for a traffic violation, they have to let the car go once they reasonably finish the original stop.

According to the Salt Lake Tribune, federal judge Clark Waddoups excluded evidence found after an illegal search of an automobile because the police officer continued to question the driver after the traffic stop had concluded.

The driver's attorney, Benjamin McMurray, argued that "no reasonable person would have felt free to drive away from an officer who continued an interrogation despite having repeatedly been refused."

The United States Constitution protects against unreasonable warrantless searches. The driver in this case may have been guilty of speeding, but that did not entitle the police officer to search his car.

I have seen numerous cases, both as a prosecutor and as a defense attorney, in which a police officer improperly extended a traffic stop and asked for consent to search a car. Usually, the officer needs either a warrant to search or the driver needs to give consent to search the car if the search is going to be legal. If the driver does not give consent it is often difficult for the officer to legally search.

Being a Criminal Defense Lawyer

People often ask me how I can defend criminals. Some of our clients are accused of some pretty serious crimes. And not all of our clients are innocent. I have had clients tell me in the first interview, "I did it. It was stupid of me and I feel terrible about it." What should a good lawyer do in that kind of situation?

I never imagined that I would be a criminal defense attorney when I graduated law school. I thought I would be a real estate lawyer. One of my first jobs after law school was as a criminal prosecutor for Salt Lake City. I never thought I would be on the other side of criminal prosecution.

But I believe that we all have certain rights. The Constitution guarantees us all the right to remain silent, the right to a trial by an impartial jury, the right to be presumed innocent until proven guilty, and the right to be secure from unreasonable searches and seizures. Even if a person is guilty of the crime, they have those rights. In our system, the prosecutor bears the responsibility of proving the accused guilty beyond a reasonable doubt. If the prosecutor cannot do that, the accused are acquitted even if they committed the crime of which they are accused.

During my first meeting with a client, I will often say something like, "You are hiring me to help protect your legal rights. I will tell you what your legal options are. But, you may want to talk to someone else that you trust about your moral obligations. If you have a clergy person that you trust, you may want to talk to them."

Our nation was founded by people who believed that these rights are so important, everyone should have them even if they have done terrible things. John Adams defended British soldiers who were accused of killing five unarmed colonists in the Boston Massacre. None of the other lawyers in the area would defend the men because the colonies were so incensed by what they had done. Adams wanted to have a political career, but he accepted the call to be their criminal defense attorney even thought he believed it would be political suicide. David McCullough records in his biography, John Adams that Adams wrote this about his defense of the British soldiers: "It was . . . one of the most gallant, generous, manly and disinterested Actions of my whole Life, and one of the best Pieces of Service I ever rendered my Country." He believed that sentencing the soldiers to death without a fair trial would have been "as foul a Stain upon this Country as the Executions of the Quakers or Witches, anciently." Fortunately, this case did not end Adams' political career and he went on to be president of the United States.

I add my declaration to John Adams'. If we punished criminal defendants without fair trials, we would place a foul stain upon this country. I treasure the liberty that is protected by the United States Constitution and I feel privileged to assert its protections in defense of the accused.