The law is built on some sense of subjectivity, and it tries to remove subjectivity from the equation, but that is impossible. It does a good job, and the systems in place do encourage strong evidence, clear distinctions, and a sense of justified law. The concept of “innocent until proven guilty” fairly protects people from the subjectivity that seeps into the law.
However, there is an element of vagueness in law, and that is particularly so in criminal defense. Simply look at some of the federal defenses. Aggravated assault is a disastrous charge to have, but what makes it “aggravated?” Disorderly conduct is a common charge, and not quite as serious as an aggravated assault charge. Regardless, what makes something “disorderly” and is it possible that the initial charge is a bit exaggerated? The charge that occurred after the incident often does not hold up to further scrutiny. Biases, assumptions and expectations can fall apart once the evidence is really reviewed.
Defense lawyers see many charges, and find that the initial charge that occurred immediately following the incident may not hold up weeks later when visiting the court. The charge is only a presumption; it is a label that is trying to fit a complex incident into a box. There needs to be a reason for the arrest, and officers will place an “aggravated assault” or “disorderly conduct” charge as the reasoning. After deciphering the evidence, either of these charges could be ill-placed. Interestingly, all charges are built on an air of subjectivity. Nothing is ever cut-and-dry, and it is always the evidence that supports the charge, not the other way around.
Federal defense lawyers look at the details of every case to build that bit of subjectivity. Their efforts have found paths to protect people who are unfairly dismissed in the courts, or who may have biases and stereotypes working against them. Visit us for more on criminal charges, and learn a bit on how federal defense lawyers run through the evidence and find ways for the initial charge to be subjected to the long-term and analytical research of what really happened after the dust settled. You can also connect them on Facebook for more updates.
