In this essay, I argue in favor of so-called "defense-oriented judges." Instead of the increasingly prosecution-oriented judicial aspirants who ascend to the bench, we need more judges who care about protecting the rights of the accused, who will put the government to the test, and who have some compassion for those who come before them. Instead of judges who are nothing more than rubber-stamps for prosecutors, deferring to prosecutors at every step because they believe most defendants are in fact guilty, or because they dislike defense lawyers, we need judges who are truly neutral and disinterested. Instead of judges who actively assist the prosecution and handicap the defense, we need judges who, at the very least, allow the adversarial system to play out.
32 Hofstra L. Rev. 1483-1505 (2004)
Scholarly Commons Citation
Smith, Abbe, "Defense-Oriented Judges" (2004). Georgetown Law Faculty Publications and Other Works. 217.