HaCKeRz KrOnIcKLeZ 3/HaCKeRz_KrOnIcKLeZ.iso/anarchy/essays/term/greenspa.txt

Text File | 1996-04-27 | 10KB | 163 lines

Greenspan - The Case For The Defence                   In-Depth Review


    My fascination with the Judicial System Structure of today's
society was furthered and strengthened after reading and analyzing the
works of Edward Greenspan.

    This superbly written biography recollecting past cases and
important events in Greenspan's life allowed myself, the reader, to
learn more about Jurisprudence and the Criminal Code. The entire
casebook revolves around several main themes including the balance of
Positive & Natural influences in the courtroom, whether a lawyer's
consience intervenes with his duty as a counsellor, and the alarming
rate of perjury occuring in front of the juries. To be more concise
and clear to the point, Greenspan's book is a diary of controversial
and beneficial issues which have hovered around our criminal courts
and will continue to plague and pester them for years to come. By
observing and understanding certain issues presented in his book,
I was able to comprehend what type of person Greenspan is, what he
believes in, what he represents and what he would do for his
profession.

      The wheels of Jurisprudence are always turning, and I came to
realise how Greenspan worked and bargained for his status in the
country to be solidified. This book also flourished with innovative
situations pertaining to the most diversified of criminal charges, to
the most uncanny regions of law ever dealt. It was this thorough look
at Greenspan's life which impressed this reviewer the most.

    It was quite clear that after the fourth page, I came upon the
conclusion that this casebook would create a most influential reaction
to anyone who had displayed any interest towards our Law system in
general. Part One of the novel, No Little Clients, presents the reader
with the author's proposed thesis. His ambition is to defend innocent
people accused of crimes. Whether they are innocent or guilty without
being proven guilty is irrelevant to Mr. Greenspan. A lawyer's
consience must not be his deciding factor when advising or counselling
a client. This viewpoint is elaborated in Part Two (Not Above The
Fray) and explained frivolously by Greenspan himself. Throughout the
entire novel, the theme bends and curves itself around different and
unavoidable situations, but retains its original meaning that no one
is guilty until proven so. Greenspan refers to this phrase countless
times and explains to the reader that he will not allow his moral
beliefs to conlfict with the path of justice (delicately and
persuasively explained by both Greenspand and the co-author, George
Jonas in Parts Four, Five and Six of the novel).

     Chapter 13, Playing God, emphatically displays Greenspan's
concern with the treatment of his clients and the decision to push the
client until he can make a decision that is in favour with the lawyer
himself. The significance of this chapter is that the reader detects
the amount of responsibility and endurance is required in order to
become a successful pawn of the judicial system. At this point,
Greenspan's thesis huddles itself around the principle of being a
"Pawn of the System" and only serving the system without prejudice and
socialistic conflicts.

    The authors begin their novel with several different themes which
branch out and eventually combine. Walking The High Wire is an
excellent chapter which focuses on the effects of intended falsehoods
employed by the prosecution. When Greenspan takes on a case where the
courtroom is changed into a stage for the benefit of a woman who
allegedly is raped by his client, it is later realised that through
careful investigation and newly discovered evidence, can the truth be
used to assist the defendant in being acquitted. In the chapter And
Nothing But The Truth, the author presents a situation where even
those who enforce the law may lie to obtain a conviction of an
innocent person. When two police officers re-create a false scene for
the jury, the reader begins to understand why the author ponders upon
different moral questions and creates circumstantial, yet fruitful
answers.

    Like a detective fiction novel, Greenspan proves without a doubt
that there is more than meets the eye in accepting and defending a
client. As witnessed in the chapter Hi Mom, Guess Who's In Jail, the
reader learns about how the media and police almost influence a jury
into convicting an innocent man of a murder he did not commit.
Although the outcome of some cases is the not always agreeable with
the reader, it is usually found to be in the best interest of our
Justice system. A Large Blue Suitcase is a particularily intriguing
chapter that focuses on how police constables try to reinforce a lie
in order to obtain the truth. As quoted by Greenspan himself: "The
Crown does not win or lose as long as justice truimphs".

    His constant disagreement with honorable Judges of the court is
commonplace in the book and is viewed not as a serious outlook towards
certain lordships, but merely as a constant pain for Greenspan. Always
equipped with the outgoing, full of energy, enthusiastic type persona,
an unfamiliar judge may become easy prey for this bustling attorney.

    While reading the Justice In High Heels section of the book, I
came across various examples of how society today is being powered by
the overwhelming rise of feminist demands. Although Greenspan himself
does not prefer to enagage in a verbal or emotional war with many of
these women, he does not deny wishing he could just establish a
section of the criminal code for them. In the chapter called Out Of
The Mouth Of Babes, Greenspan is found defending an alleged rapist who
is accused based on the analogy of one person. Even though this
alleged rapist is a serving police member, respected member of his
community and has a clean record up to this point, he is still nearly
accused and sentenced severly. The author solidifies the book's
reliability and rationality by focusing on issues such as these and
elaborating on them. The chapter entitled Going To Bat For The Pitcher
was another reliable instance where the reputation, admiration and
future of a Baseball Player is in jeopardy due to a possible drug
possession charge laid against him. Greenspan is not only honoured in
defending such a popular client, but lets the reader learn about the
difference between a clean record and a blemished one.

    Murder Or Nothing is perhaps the most relished of chapters in the
entire novel due to its shocking approach towards the fine line of
self defence and murder. The author takes the time to both reitarate
and brief the reader of the circumstances involved, and the possible
conclusive outcomes. I found myself amused at decisions which seemed
beyond the reach of power for a criminal lawyer, but the educational
value of the book was impeccable. Some Time To Kill was a regular
'Whodunit' mystery which can be found as rather frivolous in
conclusion while curious in decision. Greenspan is faced with an
overwhelming amount of evidence against him that could lead his client
to over 25 years in prison, but using his skillful tactics and
knowledge of jurisprudence, he wins one of many cases in his long
career.

    Twelve Good Men And True is the only chapter which allowed the
reader to sit back and comprehend the situation involving many
different solutions to avoid any racial, social or political prejudice
of any kind from occuring in our courts today. The Case For The
Defence takes a plunge behind the closed doors and allows the author
to voice his opinion all the while considering the other side of the
coin.

    Since becoming a lawyer nearly three decades ago, Edward
Greenspan has written a juriprudential masterpiece which contains not
only a recollection of important case facts and information, but even
family based and social events which have changed his life. The reader
is allowed to walk through with him as he climbs the ladder of
success, while learning about his faults and how he accepts them.
Throughout the book, Greenspan uses many sources and references which
allow him to successfully solidify and back up any aspect of law he
discusses. Even letters and memos sent by respected citizens of
society justify how valuable he is to Canada and to those who are in
need of a defence lawyer.

    The effort involved in establishing such a novel must have been
quite massive on the part of Greenspan. Apart from digging into the
vault of memories and remembering the most pleasurable and painful
events, he was extremely careful in avoiding the use of names or
places which are best kept 'off the record'. Those who contributed
were rewarded with his superlative creation. I would recommend this
casebook full of Edward L. Greenspan's memories and tales to anyone
who seriously wished to pursue Law as an occupation or even a hobby.
Apart from the controversial and brilliant decisions incorporated by
Canada's fiercest Criminal Lawyer, there is a natural blend of
political concern and social structure which comes with the territory.

    Greenspan, The Case For The Defence, is the finest
biography/casebook I have ever studied thanks to the ever-lasting
presence of educational values combined with fascinating
jurisprudential events and occurences. It can be said that Justice and
Liberty for all can only be achieved through a damn good lawyer!

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