Theology of Criminal Defense
A recent post by Austin criminal defense lawyer Jamie Spencer suggested that Jesus was the ultimate defense lawyer. I'm guessing there are a lot of people who disagree with that idea, and probably would get really worked up if someone suggested it. I'm thinking of those whose are sometimes referred to as the radical part religious right. I say radical, because I consider myself in alignment with a lot of the things they advocate. However, I also disagree with many of their positions, starting with the death penalty. I may be wrong, but I think many of them put criminal defense lawyers only slightly above the citizens we represent.
Several years ago I heard a conservative talk show host make ask the question "whether a criminal defense lawyer could be a Christian". Needless to say, that got me agitated, and kept me fuming for days. As with most things, some good came out of it, because it caused me to think.
I have taken to heart the teaching that we are going to be judged by how we treat the least among us. It's easy to be nice to those we like, and our friends, but it's far harder to be nice to those we despise. Unfortunately, the criminal justice system often revolves around the decidedly non-Christian concerns of retribution and vengeance. I've handled several death penalty cases, and one of the saddest things I've observed is how the victim's family is often consumed by hatred and vengeance. Those feelings take them away from their faith, while at the same time those on death row are often growing in faith. Unfortunately, that desire for vengeance is often fueled by the system. It is certainly fueled by politicians, who go to great lengths to avoid recognizing criminal defendants are part of God's creation also. The new concept of restorative justice may be the solution, but this is for another post.
Our job as criminal defense lawyers is to see the good in our clients, and make sure they are treated fairly. In doing that, we often advocate for some of the most despised people in society. In other words, we interact daily with the people Jesus would probably be with if he were walking the earth today (not to say that he isn't, but thats even more of a theological question) So would Jesus be a criminal defense lawyer? I don't know, but I'm confident he would be support the job we do.
