Defending People

the tao of criminal-defense trial lawyering

Third-World Problems

The lawyer rep­re­sent­ing three of the men charged with the gang rape and mur­der of a med­ical stu­dent aboard a mov­ing bus in New Delhi has blamed the vic­tims for the assault, say­ing he has never heard of a “respected lady” being raped in India.

(The Age.)

It would seem more out­ra­geous if Sharma’s clients weren’t being rail­roaded in a sys­tem in which the bar asso­ci­a­tion was try­ing to deny them coun­sel. But Sharma’s argu­ment, which would be extreme in the West, might play in India:

This is the men­tal­ity which most Indian men are suf­fer­ing from unfor­tu­nately,” said Ran­jana Kumari, direc­tor for the New Delhi-based Cen­tre for Social Research. “That is the mind­set that has been per­pe­trat­ing this crime because they jus­tify it indi­rectly, you asked for it so it is your responsibility.”

I frankly don’t see much dis­tinc­tion between the atti­tude, “the defen­dants are guilty, so they shouldn’t have lawyers” and the atti­tude, “women who are raped were prob­a­bly ask­ing for it.” The two views can and do coex­ist in con­ser­v­a­tive minds not only in India but in more advanced coun­tries. They’re just not as preva­lent, and not as openly spo­ken, here.

These peo­ple are just seek­ing revenge,” Sharma said. “They are not seek­ing jus­tice. A defen­dant has a right to a lawyer, this is a basic prin­ci­ple of a mod­ern soci­ety.” Another basic prin­ci­ple of a mod­ern soci­ety is that vic­tims do not ask to be raped and murdered.

Maybe some day India will adopt both. Mean­while, I don’t know if Sharma is buy­ing what he’s sell­ing, but I don’t fault him at all for doing what he can, in that benighted cul­ture, to save his clients’ lives.

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About The Author

Mark Bennett got his letter of marque from the Supreme Court of Texas in May 1995. He is famous for having no sense of humor when it comes to totalitarianism.

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