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Why I Can Never Be a Prosecutor

09/29/2010

I decided I was going to write this post tonight when I was watching Biggest Loser on television. You know Biggest Loser right? It’s a television show where people who are extremely overweight get a crash course in diet and fitness, try to lose as much weight as they can, and play a game with this mess for a bunch of money. The great thing about this show, though, is that the trainers (Bob and Jillian) try to do a lot of psychologizing behind the scenes to get these people to figure out why they are essentially slowly killing themselves.

I like to watch this show for several reasons. First, I think it’s amazing the way these people change their bodies. It’s really crazy. Second, I like to see the competition. And third, and maybe most compelling, I enjoy seeing these people change right before our eyes. They go from ashamed, overweight people to confident, sometimes cocky, motivated individuals.

And while watching tonight I realized that this is why Bob and Jillian do what they do, and it’s partly a reason why I am a criminal lawyer. Being a criminal lawyer is about a lot of things – it’s about fighting the man; it’s about fighting wrongs; but it’s also about giving people a second chance that really deserve one. Most of my clients haven’t been in much trouble before. They made a bad mistake and learn quickly from it, but don’t necessarily deserve to pay for it forever. Just like with Bob and Jillian, I really enjoy seeing people make the most of a second chance and really run with it.

But prosecutors don’t ever get to see that. All they see is the worst in people. If they give someone a deal and they make the most of it, the prosecutor never sees that person again. The only people they see are the people that squander their chances, or have a hard time meeting the demands placed upon them. They see people with serious mental problems, drug and alcohol problems, and just plain bad people. Their life if filled with the expectation that everyone they help is going to go against their word.

To me, that seems like a pretty shitty life. Sure, some of my clients make bad decisions, and they have to pay for them. But at least I get to see the human side of it all. I get to see how these people are affected by their decisions and try to help them make things right. Criminal attorneys have it so much better than prosecutors in that when they get a win they are helping save a person. When a prosecutor gets a win they get the thrill of sending someone to prison. I’ll take helping any day.

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