This is Alpha, the first-born, when he was 2YO.
This is Beta, the second-born, when he was about 2YO.
This is Gamma, the third-born, when he was about 18MO.
In Defense of Defense
Oct
20
2008
In general, playing offense is easier than playing defense. Defense has to perfect, but offense has to be good only part of the time. For example, in football, the offense can fail 75% of the time but still drive down the field and score. In hockey, the offense usually takes 29 shots at the goal, but only 3 go in, and that’s good enough. (Hockey and football – it’s a good time of year.)
I was thinking that the same principle should apply to lawyering: it should be easier to be the prosecuting attorney than the defense attorney. But it seems that the prosecutors have a harder time, at least in the high-profile cases. That’s because the rules are that the prosecution must be beyond a reasonable doubt, and “scoring” is not as straightforward as in sports. In the lawyer world, you win by convincing the jury of something, and perception counts for a lot: witness credibility, character testimony, etc. So the offense can be good, but the defense just has to create a reasonable doubt, not necessarily stop all of the offensive shots.
Or maybe it is easier to be the prosecutor. I have no lawyerly experience, so I’ll stick to sports. Offense is over-rated, because it’s easier. Defenders should get more credit for the job they do. In my opinion, the MVP of Super Bowl 34 (AKA SB XXXIV) should have been linebacker Mike Jones. The offense gets the glory: would Charles Woodson have won the Heisman Trophy if he hadn’t played offense and returned punts too?
Open your mouth, judge righteously, And defend the rights of the afflicted and needy.
Proverbs 31:9
This little article thingy was written by Some Guy sometime around 10:16 pm and has been carefully placed in the Sports category.
October 24th, 2008 at 9:29 pm
I’m not a lawyer either, but I do not want the prosecutor to have it easier than the defense. Not because I’m worried about fairness, but because I’m worried about the offense – I don’t trust the government with so much centralized power. Prosecutors don’t prosecute every crime. They get to choose which ones they think are the best use of government resources. Or which ones will most impress their bosses. Or get them re-elected. Or maintain favorable status with other people in power. That is, rights for defendants are maybe as much for regular people as they are for that individual defendant – by making it difficult for prosecutors to exercise power, that arm of the government is kept in check. It’s not by coincidence that systematic “show trials” or “kangaroo courts” are associated with totalitarian governments.
One other thing to note: something like 95% of cases are settled with a plea and don’t go to court, for lots of reasons. Sort of like saying we know #5 Michigan could never lose to a Div-1AA, so lets just call it a win for UM by 17 and spare everyone the time, expense, and risk involved with actually playing the game.
Finally, yes, it is easier to be the prosecutor, if you’re talking in terms of “winning”. That’s because the defense lawyer’s client is almost always guilty, meaning he starts with the weaker team every time. The prosecutor gets to pick the games, and he’s not going to choose a game in which the other team is better.
But would you rather be on offense or defense in Red Alert? I believe you’re supposed to have some vast superior force in a ground attack, but just the opposite in an air attack: you need only 1 offensive plane for every 3 defensive planes, or something like that.
February 13th, 2010 at 12:18 am
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