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each one thinking that whatever she is, at least she is not the other.. . ? Men are rewarded for learning the practice of violence in virtually any sphere of activity by money, admiration, recognition, respect, and the genuflection of others honoring their sacred and proven masculinity. In male culture, police are heroic and so are outlaws

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When the great nation states of Europe were fused from duchys, principalities and tribes, the need for order outweighed the benefits of liberty. The fusing process required fierce allegiance to the unifying government. Sovereignty and autonomy resided in the crown.. . Centuries of bitter experience with the sovereign's unlimited power fueled the humanistic philosophy of the Enlightenment, which informed our own revolution and its ensuing new form of government. In philosophy and government we celebrated the worth and autonomy of the individual, the concept of equality, and the value of pluralism and choice.. . Our republican experiment -- embodied in our Constitution -- created a revolutionary criminal justice system, where the fundamental rights of the citizenry would be vindicated -- by lawyers defending the accused, by lawyers who -- like a free press -- would function as a watchdog against encroachment on our freedoms by the sovereign.. . The current view of the criminal justice system threatens the very fundamentals of the framer's design. Chief Justice Roberts has consistently viewed the function of that system as simply to convict and punish consistently enough to deter crime and keep order, while still acquitting the innocent. Hence, this Court has had no qualm about eviscerating those fundamental rights which delineate a free society, when they are collateral to guilt and innocence.. . Thus, under Robertstian jurisprudence, we defense lawyers are the enemy. Our very essence opposes swift consistent punishment. Our motions to dismiss, suppress, discover, sever or to sentence creatively undermine the effectiveness of the criminal justice system. While the Roberts view has surface appeal, it is fundamentally counter to the very vitals of our revolution. It eliminates a prime function of the Criminal Justice System as watchdog.. . A May 11, 1992 New York Times article on the new Russian Justice System put the point. Hoped-for freedoms were to appear in a new justice system which replaced the old repressive Soviet Criminal System. A 97% conviction rate was cited as evidence that new freedoms were largely illusory. The article pointed to an absence of aggressive criminal defense lawyers as a primary reason that fundamental rights had not been realized. The article emphasized that there was no tradition of lawyers who opposed the state, and graphicly made the connection between the absence of an independent, aggressive and competent criminal defense bar and the absence of fundamental freedoms. The vision of Our Founders continues to be vindicated.. . So, if it is understood that the criminal justice system was designed for the defense bar to be the first line of defense against tyranny, then no one will see defense attorneys as "the enemy". Defense lawyers are enshrined as a constitutional component. They do far more than protect the innocent. They are entrusted with a very special task -- defending our nation's freedom and preserving our revolution, in spite of the well-meaning but uninformed, in spite of expedient politicians, and in spite of evil men who covet order and the status quo at the expense of liberty, equality and pluralism.. . The criminal justice system is liberty's last champion. Defense attorneys have a collective experience, unique knowledge and insight. Their advocate's skill in the legislature, as amicus, on committees, in public debate and private discourse make them invaluable in a functioning democracy. They exist as an organization to fulfill a special responsibility as our country's force for freedom. The criminal justice system preserves the most precious of human ideals and protects the best of the human spirit.

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