In my estimation, the primary and chief objective of the criminal defense attorney and the focus of his advocacy should be limited to the particulars of the clients immediate case , rather than becoming unhinged with the advocacy of larger societal issues, which may prejudiced the clients case in the eyes of the jury and judge. That is, the defense attorney should remain focused on the due process rights of his client. For example, did law enforcement engage in any illegal and unconstitutional stop and detention, did law enforcement lack sufficient probable cause to search and seize, if a warrant was involved was the warrant supported by sufficient probable cause in keeping with the spirit and intent of the 4th amendment? Does the indictment or complaint particularly specify the facts to show a prime facie violation of the criminal statute as charged? If so, and the case , proceeds to a jury trial, what specific jury instructions should the capable defense counsel request the judge to include in his instruction to the jury. Thus, the inclusion of the most appropriate jury instructions the judge reads to the jury make , in actuality and literal reality, make a hugh impact as to the particular case before bench and bar, before appropriate advocacy and jurors perception. And ultimately , between acquittal, conviction probation or prison time. Among other issues, these are the subject matter , which must occupy the competent criminal defense counsel from the very onset of the case and discussed , at least, in broad terms, prior to accepting the retainer fee. The art of advocacy is also at it’s heart, the art of truly understanding many and various perspectives. Jeffrey E Elliott-Cruz
