In the ever-changing world of fad, fashion, philosophy, and ideology, two things have remained the same—one, the firm belief or at least desire that we all, as humans hold certain unalienable rights—to speak and be defended, the second thing; however, is the unfortunate and ever present hatred toward the defenders of particular defendants: namely those who are viewed with repulsion due to certain “immoral things” or as certain ‘less than reputable’ people. This was blown to pieces when, John Adams, a lawyer, and future president, defied his nation, for this moment, to defend, successfully so, the rights of the British soldiers at the Boston Massacre. America was outraged at this, exemplifying the true selfishness of mankind, that these Rutherfordian ideas of Lex, Rex is only idealized, by the accused and the guilty, and that supremacy takes hold when people, then and now stand up in arms about defending those who they feel personal hatred for: now, for example, in Guantanamo Bay. There is a seeming disposition and ergo a forestallment of the institution of the right to trial, and in some ways, a de-garmenting of the robe of mercy, that one is innocent until proven guilty. The path of law, its practice and institution, both civilly and militarily, has fought tooth and nail to sustain, and even to grow amidst incessant castigation: the law must remain King.
When Adams defended the enemy British soldiers in Boston, he set a controversial standard which stated that rights are universal and unconditional. This was, effectually one of the most important precedents for the trek of law through America. It would lead to the institution of Miranda rights, and the supposed right of every person on or controlled by America to be awarded trial by a fair and unbiased judge and jury. However, just as his defense in the Boston case was met by a strong upheaval, today, there is still today a similar insurgence against the defense of serial, mass, and terrorist criminals, namely, those detainees at Guantanamo Bay, Cuba. These detainees have been denied these same civil rights to liberty as every other American.
Perhaps, this is justifiable, for presumably all of these people are personally responsible for the deaths of thousands of Americans and other peoples through terrorist efforts. However, how can one believe that such acts are corollary with the U.S. Constitution, for what harm is there in trying them. Where has the precedent of American justice of “innocent until proven guilty” gone? Does this only apply in civil case with ‘good-looking’ or iconic criminals such as O.J. Simpson? Do not these criminals, though repulsive and vile, engaging in all types of sodomy, still hold the certain unalienable rights endemic to being human? Do not they still (if not unfortunately) bleed the same red blood?
Barack Obama, in running for president in 2008, promised that the detainees would be transported away from Guantanamo into regular jails across the globe. While, this is more gentle than many radical Americans, it is important to note that he does not talk about trying them, just, rather, dispersing them, in effect washing our hands of the matter. He also proposed that a military judge be in charge of the trial and sentencing. The military judges are a completely different breed, as evidenced in the popular movie, “A Few Good Men” where it is seen, that though the military judge knows a lot of the treacherous things done in war, and would seemingly be more lenient on certain detainees whose actions were relatively minor in comparison and in the “gracious and merciful” boundaries of war, are actually significantly more stern in their sentencing, upholding the practices of the Geneva Convention at all costs.
Consequently, the path of law, from Boston to Guantanamo, Adams to Obama, has been one of great tumult and overwhelming opposition, but the men that stand firm to keep its Adamsian existence should be revered and recognized for the stand they take every day against tyrannical cartoonization, radical opposition, and often personal guilt. They get up every morning to do their job, excruciatingly at times, but the rights of people must be defended and its voice, lawyers, to defend.
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