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How Can You Defend Those People?

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How Can You Represent Those People?
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Abstract

For a period of time when I worked as a public defender, this was the rhythm of my daily life: At the end of each day of a four-month, multiple-defendant homicide and conspiracy trial, I walked the half block from the H. Carl Moultrie I Superior Courthouse in Washington, DC, to the north exit of the Judiciary Square Metro Station.1 There, at the top of the escalator, I would meet my wife and our 18-month-old son. My wife was finishing her last semester at Georgetown Law School. She had purposely chosen classes that met in the evening so our schedules would be in sync. Or, out of sync, depending on how you choose to look at it. She’d give me a quick kiss, a bottle of breast milk, and the stroller. And our son. As she went off to class, he and I would take the escalator down to the Metro for the trip home.

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Notes

  1. Kelly Cherry, The Exiled Heart, A Meditative Autobiography (Baton Rouge: Louisiana State University Press, 1991), 30.

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  2. Barbara Babcock, “Defending the Guilty,” Cleveland State Law Review 32 (1983).

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  3. James Forman, “Racial Critiques of Mass Incarceration: Beyond the New Jim Crow,” New York University Law Review 87 (2012): 139–140.

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  4. For background, see Robert P. Mosteller, “Exculpatory Evidence, Ethics, and the Road to the Disbarment of Mike Nifong: The Critical Importance of Full Open-File Discovery,” George Marshall Law Review 15 (2008) (arguing for open-file discovery in criminal cases);

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  5. Editorial, “Justice and Open Files,” New York Times , February 27, 2012, http:// www.nytimes.com/2012/02/27/opinion/justice-and-open-files.html (urging open file discovery in both federal and state criminal cases as the only way to ensure that favorable evidence will be disclosed to criminal defendants in compliance with Brady v. Maryland).

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  6. Abbe Smith, “Can You Be a Good Person and a Good Prosecutor?,” Georgetown Journal of Legal Ethics 14 (2001).

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  7. Flannery O’Connor, “On Her Own Work,” in Her Mystery and Manners: Occasional Prose, ed. Sally Fitzgerald and Robert Fitzgerald (New York: Farrar, Straus and Giroux, 1969), 107–118.

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  8. See also, Flannery O’Connor, “Prefatory Comments to a Reading of ‘A Good Man Is Hard to Find,’” (lecture, Hollins College, October 14, 1963).

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Authors

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Abbe Smith Monroe H. Freedman

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© 2013 Abbe Smith and Monroe H. Freedman

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Carrington, T. (2013). How Can You Defend Those People?. In: Smith, A., Freedman, M.H. (eds) How Can You Represent Those People?. Palgrave Macmillan, New York. https://doi.org/10.1057/9781137311955_3

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