JOHN ADAMS, CRIMINAL DEFENSE, AND TODAY.

The topic of conversation on the blog comments recently, in light of the tragic events in Boston, was whether you-as a criminal defense attorney- could represent a terrorist? 

The answer is simple. Of course. 
And there is precedent for taking on a terrorist as a client. 

March 5, 1770: British troops have been occupying Boston since 1768 to put down resistance to King George's police of taxation of the colonies. On a cold and snowy evening a small group of citizens that had been taunting a British sentry grew into an angry mob of a few hundred. British Captain Thomas Peterson led a group of British soldiers to rescue the sentry. The mob threw rocks, the British responded with musket fire. Five civilians died in what became to be known as the Boston Massacre. 

Captain Peterson and his soldiers were indicted for murder. There was wide spread anti-British sentiment in Boston and no lawyer would take the case for the soldiers. To represent the enemy was seen as a sure fire way to end a legal career. 

Then John Adams- a young Boston attorney who had been an outspoken critic of the British occupation- stepped forward to defend the enemy soldiers. 

The trial was held and Captain Peterson and six of his men were acquitted. Two others were convicted of the lesser offense of manslaughter. 

Adams defense was a masterpiece. His peroration is still quoted today:
 "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence."

His defense of the burden of proof and innocence is equally brilliant and famous: 

"It is more important that innocence be protected than it is that guilt be punished, for guilt and crimes are so frequent in this world that they cannot all be punished.

But if innocence itself is brought to the bar and condemned, perhaps to die, then the citizen will say, "whether I do good or whether I do evil is immaterial, for innocence itself is no protection," and if such an idea as that were to take hold in the mind of the citizen that would be the end of security whatsoever."

Adams, who later became the second president of the United States wrote about the incident:
"The part I took in defense of captain Preston and the soldiers, procured me anxiety, and obloquy enough. It was, however, one of the most gallant, generous, manly and disinterested actions of my whole life, and one of the best pieces of service I ever rendered my country. Judgment of death against those soldiers would have been as foul a stain upon this country as the executions of the Quakers or witches, anciently.”

Adams was criticized at the time he took the case. He was publicly scorned by his friends and neighbors. But he took his duty as an attorney seriously. 

So would we represent a terrorist and risk "obloquy?"

Although Adams was paid 18 guineas, the value of a pair of shoes at the time, we think he set a pretty good example. 

See You In Court.