criminal law clerkship?

[MichaelJackson2]

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Well is there such thing as a criminal law clerkship? Many criminal law firms only have a handful of lawyers, many of who are very experienced and started their career from somewhere like legal aid. Is this the general way to get into a reputable criminal law firm, seeing that many of them do not offer clerkships nor advertise graduate positions? How do people break in to these niche firms?

[MichaelJackson2]

Come on, surely there are some budding criminal lawyers in here! Anyone?

Also, what's everyone's opinion on working for Legal Aid? I hear the salary for graduate solicitors is fairly decent but pretty shite afterwards. Would it be a good strategy to work at Legal Aid for a few years and then go to the bar like Robert Richter QC?

Finally, what's people's take on being a criminal defence lawyer? While I enjoyed studying criminal law, the idea of defending a criminal isn't so pleasant, so how does one get around this dilemma?

[Cookie182]

Originally Posted by MichaelJackson2

Come on, surely there are some budding criminal lawyers in here! Anyone?

Also, what's everyone's opinion on working for Legal Aid? I hear the salary for graduate solicitors is fairly decent but pretty shite afterwards. Would it be a good strategy to work at Legal Aid for a few years and then go to the bar like Robert Richter QC?

Finally, what's people's take on being a criminal defence lawyer? While I enjoyed studying criminal law, the idea of defending a criminal isn't so pleasant, so how does one get around this dilemma?

Prosecute them

[hYperTrOphY]

Originally Posted by MichaelJackson2

Come on, surely there are some budding criminal lawyers in here! Anyone?

Also, what's everyone's opinion on working for Legal Aid? I hear the salary for graduate solicitors is fairly decent but pretty shite afterwards. Would it be a good strategy to work at Legal Aid for a few years and then go to the bar like Robert Richter QC?

Finally, what's people's take on being a criminal defence lawyer? While I enjoyed studying criminal law, the idea of defending a criminal isn't so pleasant, so how does one get around this dilemma?

It's not a dilemma when you acknowledge that everybody, whether innocent or guilty, requires legal representation. Your role is not to 'get criminals off', but to ensure the criminal justice system is functioning fairly and non-arbitrarily; to ensure that police are charging people only when they have enough evidence and when that evidence has been lawfully obtained etc. Moreover, most accused persons plead guilty anyway.

If you can't view your job in a similar fashion, perhaps you should prosecute. But I have never quite understood why people think that it the moral or ethically 'easier' job. I think successfully defending a criminal is far less difficult to cope with than the possibility of prosecuting an innocent person.

EDIT: RE: clerkships - I don't think they do them. I've emailed quite a few without response.

[twistedtigers]

It's not only criminal lawyers facing ethical dilemmas - although it's the only situation the general public will criticise you for. I have assisted in family law cases where we knew our client (a parent) was unfit, have aided insurance companies to dodge their responsibilities, etc. That's the nature of law, I guess

[Cookie182]

Originally Posted by hYperTrOphY

It's not a dilemma when you acknowledge that everybody, whether innocent or guilty, requires legal representation. Your role is not to 'get criminals off', but to ensure the criminal justice system is functioning fairly and non-arbitrarily; to ensure that police are charging people only when they have enough evidence and when that evidence has been lawfully obtained etc. Moreover, most accused persons plead guilty anyway.

If you can't view your job in a similar fashion, perhaps you should prosecute. But I have never quite understood why people think that it the moral or ethically 'easier' job. I think successfully defending a criminal is far less difficult to cope with than the possibility of prosecuting an innocent person.

EDIT: RE: clerkships - I don't think they do them. I've emailed quite a few without response.

This is a good point you raise. I know someone who works for the DPP (senior position) and the pressure sometimes to prosecute people even for minor offences is strong. It's often an ethical dilemma, when you need to make an example of someone who made a mistake but is truely sorry and you know that sending them to prison is going to fucking kill them...

[MichaelJackson2]

Originally Posted by Cookie182

I know someone who works for the DPP (senior position) and the pressure sometimes to prosecute people even for minor offences is strong. It's often an ethical dilemma, when you need to make an example of someone who made a mistake but is truely sorry and you know that sending them to prison is going to fucking kill them...

That is so true, I know someone who worked at the DPP and they tell me that some of the legal officers there are fed up with being given cases that should really be dealt with by Police Prosecutions. The amount of resources that goes into prosecuting simple offences like stealing a bag of ice worth $2 from the service station is truly mind-boggling.

[incentivation]

Originally Posted by MichaelJackson2

The amount of resources that goes into prosecuting simple offences like stealing a bag of ice worth $2 from the service station is truly mind-boggling.

I find that quite hard to believe. Such a matter would not be dealt with beyond the Local Court.

Prosecutions generally, both within the DPP and the Police, face an extreme resource shortfall. Each organisation is stretched to the limit; it's the nature of the frontline of the public service I suppose.