The Best Defense Analysis

American Crime and its Necessary Defense

Alan M. Dershowitz’s (1983) legal memoir The Best Defense reveals most lawyers and judges would rather win than expose the truth. As a law professor, Dershowitz (1983) recognized students, journalists, instructors and other non-lawyers were often “outsiders” (“Introduction,” xiii) because they studied, wrote, taught, or read about the law, but they rarely had the opportunity to understand the law from judicial perspectives. On the other hand, as an appellate attorney, Dershowitz understood the law and how it operated within courtrooms, so he was able to reveal the prevalent dishonesty of judges, prosecutors, defense attorneys, and guilty defendants because it is the dishonesty that is usually kept
In the first section, “Guilty until Proven Innocent,” Dershowitz (1883) emphasized most criminal defendants are guilty; however, in order to protect the innocent, one must defend the guilty. In other words, defense attorneys defend the person, but they also defend the person’s civil liberties. In the second section “Disturbing the Peace,” Dershowitz (1983) reminds readers of their constitutional rights and natural instincts and the means some take to deny or exploit them. Lastly, in the section “Obstructing Justice,” Dershowitz (1983) exposes the similarities and difference between the prosecutors and defense attorneys’ truths. Each side asserts they want to reveal the truth to the American public, but they decline to mention that the public will never know the entire truth. Essentially, Dershowitz (1983) reveals perjury is all too common on the witness stand. What’s more, judges are aware of this fine line and either choose to ignore probable lies or believe it. In addition, clients with money often get away with their crimes, but the unfortunate and poor defendants often pay
Even the guilty have a right to a trial because it is the essence of the American criminal justice system (Dershowitz, 2013). Essentially, the text suggests, by way of actual court cases, that non-lawyers believe courtrooms are unequivocally fair and just, but when Dershowitz wins some of his cases, it is undeniable that a portion of his clients were actually guilty. Subsequently, Dershowitz’s ability to own up to his roles in guilty client cases demonstrates the defense attorney’s reality. Within his chosen court cases, Dershowitz (1983) is able to reveal the judicial system’s corruption and their ability to look the other way, when it suits them, in their inherent need to