ilyashlyakhter--disqus
Ilya Shlyakhter
ilyashlyakhter--disqus

For the same reason we don't sanction lawyers who "make arguments that aid their client, even when those arguments strain the boundaries", we shouldn't sanction writers of support letters. The reason is that the only way to have confidence in verdicts & sentences is to obtain them despite the most vigorous defense.

What's relevant, is that the only way to have confidence in verdicts & sentences is to know that they were obtained despite the best possible defense. Sanctioning lawyers for "bullshit arguments" (a subjective test) would hamper the defense; and so would sanctioning support letter writers.

The law defines different degrees of rape. A defense lawyer at sentencing can stress that the defendant wasn't convicted of the worst degree. So can a friend arguing for leniency. If the judge gives too much credit to an argument, the fault is with the judge — not the person who made the argument.

They're the same in that defense lawyers need both to make their case. Lawyers need character witnesses at sentencing, just as they need regular witnesses at the guilt phase. If we discourage character witnesses from testifying at sentencing (whether orally or in writing), it'll hamper the defense, just as

Private boycott isn't the same as punishment by the state, and is legal. But there are good reasons not to do it, and they should be pointed out. If we boycott defense lawyers for daring to defend "clearly guilty" defendants, courts won't work. Same goes for defense witnesses, including character witnesses at the

The key thing is that she said something _to a court_. Courts are a special circumstance. The only way to avoid unjustly harsh verdicts & sentences, is to give the defense maximum leeway. That means letting lawyers make arguments we might find offensive, and letting defense witnesses (including character witnesses at

She was a character witness for the defense at sentencing. Punishing her will cause defense witnesses in future trials to withhold testimony. It's not tampering with this case, it's tampering with the whole justice system.

To punish someone for their court testimony is witness tampering.