The lawyer’s vital role in the criminal process

Abstract

Cicero gave us the maxim, Legum servi sumus ut liberi esse possimus (we are all servants of the laws in order that we may be free). It is a maxim that encapsulates the concept of the rule of law, meaning that no person is above the law, that no one can be punished by the state except for a breach of the law and that no one can be convicted of breaching the law except in the manner set forth by the law itself.

Beyond a shadow of doubt, this maxim finds its best application in criminal law. Indeed, it is the duty of every legal practitioner, be it a judge, magistrate or lawyer (prosecution or defence), to apply and interpret the law rigorously and fairly in the best interests of justice. [extract]