The Champion

November 2012 , Page 05 

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From the President: Be Proud and Be Loud

By Steven D. Benjamin

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Criminal defense lawyers protect freedom in many ways. The Constitution of the United States and the ethics and standards of our profession require the zealous representation of every person accused of a crime irrespective of their guilt or innocence. When we accept this responsibility, we assume a legal obligation to challenge unlawful process and to question deficient proof.

This representation of the individual against the power of the government is the most important way we protect freedom. We do this work through objection, motion, trial, and appeal. Fundamental questions of law are answered by the holding of an appellate court of last resort. This process is essential for the law to grow, for the law to remain relevant, and for the law to protect our basic rights and freedoms. Reliance on precedent is insufficient. The law must constantly be interpreted in light of new technology or circumstances. Whether the use of a GPS device is a search for Fourth Amendment purpos

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