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St. Thomas Law Review

First Page

507

Document Type

Article

Abstract

Many may wonder about the wisdom of having a criminal lawyer discuss the ethical problems associated with high profile cases. Over the past few years, the performances of criminal lawyers on the public stage have been decidedly uneven with respect to professionalism and ethical behavior. We witnessed the spectacle of People v. Simpson. There, it seemed that the lawyers spent more time in front of the camera than in front of the bench. Ironically, after the trial, half of the lawyers got their own television shows. The Simpson trial was an event which deserved to be labeled a trial only because it occurred in a courtroom. It is more accurately described as a long-running, made-for-television mini-series. On the other hand, since cameras were not allowed in the courtroom, we witnessed, or at least we heard and read about, the People v. McVeigh and People v. Nichols trials. In these trials, a smart and tough judge kept a reign on both the lawyers and the trial process. The net result of these efforts were trials that most Americans viewed as substantively and procedurally fair. You may be even more puzzled by the fact that I am talking about the professional and ethical concerns raised by these performances given the uneven nature of the recent performances of criminal lawyers in high profile cases, both prosecutors and defenders. In addition, I am currently involved in a high profile case in my hometown, so I may be the worst possible person to speak about these issues. Obviously, the recent occurrence of many high profile criminal cases-Simpson, McVeigh, Nichols, and JonBenet Ramsey-is one of the reasons this topic is important. Yet, it is important to put the problem in historical perspective in an effort to determine whether things really are worse than they used to be in the legendary "good old days." Therefore, this Article will first discuss high profile cases from a historical perspective. Second, it will place the problem of high profile cases into a proper social perspective. The Article will discuss similar concerns about publicity and the press which exist in other professions and other aspects of life. With these perspectives as guides, we can endeavor to determine the severity of the problem. The conclusion of this Article is not startling. Problems arising from how lawyers and the criminal justice system handle high profile criminal cases are not on a par with the Middle East crisis or finding a cure for cancer. However, they are very real problems, which reveal tensions, sub rosa, in our democracy, and which must be addressed if we are to avoid further erosion of public trust in our criminal justice system. Finally, the Article will offer suggestions which, hopefully, can help alleviate some of the problems. Even though I have devoted most of my time over the past decade to teaching and not practicing law, I am not completely lost in the ivory tower. Lawyers can be solvers not just creators of problems.

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