Saving lives with the law

As the public watches lawyers fighting for defendants, the general idea that the attorneys either agree with the defendant’s actions or are passionately arguing for something against their own values emerges. However, this common misconception can be corrected with a similarity between prosecution and defense: the law.

In the realm of legal ethics, the amorality theory states that a lawyer should stay morally neutral to their client’s actions when representing them within the law, which might make defense attorneys appear immoral from a personal point of view. But the job of a criminal defense lawyer is not about morals.

“We all have our own personal moral value system that guides us through society, through our lifetime,” Cueva said. “But being a defense lawyer is about representing people, applying the law and the Constitution, and representing your client’s case, which requires a very neutral approach. It requires you to rise to a kind of a professional level that won’t be tainted by your own moral compass, which we are ethically required to check out the door before entering the courthouse.”

All attorneys must follow the laws and ethical guidelines that govern their practice. According to the American Bar Association, defense counsel must “serve as their clients’ counselor and advocate with courage and devotion; to ensure that constitutional and other legal rights of their clients are protected; and to render effective, high-quality legal representation with integrity.”

These legal standards are exemplified by Cueva and public defender Brian Matthews, an attorney who represents indigent criminal defendants — people unable to pay for a lawyer. Matthews develops a defense by reviewing the police report and interviewing his clients, often working with a team of investigators, paralegals, and sometimes social workers.

Throughout the years, Matthews has tried many cases and has argued before the state supreme court, always aiming to show his clients are not guilty or attempting to get them the lowest sentence possible. The most inspiring experience he had as a lawyer occurred when he worked with other attorneys to represent death row inmates.

“Everybody was committed to a good cause: saving people’s lives,” Matthews said.

As a defense attorney, Matthews has always been asked how he can defend someone he knows to be guilty. However, he normally does not know if his client is guilty himself.

“I don’t ask my clients, and it doesn’t make a big difference to me because it’s ultimately the government’s obligation to prove their case,” Matthews said. “If they can’t prove their case, the person should not be convicted, and that system operates to protect everyone.”

Generally, the plaintiff — the party bringing the claim — has the burden of proof. In criminal cases, the prosecution has to prove beyond a reasonable doubt that the only logical conclusion from the facts is that the defendant committed the alleged crime and that no other explanation can be deduced from the facts. On the other hand, the defense is not required to prove their case but has to ensure that their client is represented fairly.

“Defending someone requires creativity, empathy, a sense of justice, and a willingness to fight for the underdog. Our job is to creatively present the facts, raise reasonable doubt, and hold the prosecution to their burden of proof,” Cueva said.

In fact, defending a client does not equate to supporting their actions.

“It’s not that I’m defending someone and sponsoring or approving whatever it is they’re accused of doing,” Matthews said. “I’m just standing up for their rights and, more broadly, for the rights of everybody.”

For Matthews, representing his clients is a privilege.

“Once somebody’s been arrested, and especially if it gets publicized, I’m probably their only friend. Family and friends leave them; they lose their jobs and housing,” Matthews said. “They need somebody, and I’m happy to be that person, whether they’re guilty or not. Even if the person is guilty of the worst crimes, I want to be the one to stand next to them and say that the system is going to treat them as a human being, at least while I’m there.”