Declaration of Principle
From The American Board of Criminal Lawyers
Our Constitution, the Bill of Rights and the Rule of Law foresee that assaults, challenges and onslaughts will occur. These revered documents, along with the principles and legal frameworks they establish, were designed to endure the temptations of the few while safeguarding the lives and prosperity of all.
It should come as no surprise that from time to time the foundational pillars of our democracy are subjected to tests. Likewise, it is both natural and obligatory for us to remain steadfast on the sacred ground of true principles when the inherent constitutional rights of our nation come under scrutiny.
The American Board of Criminal Lawyers (“ABCL”) is a professional association of defense lawyers who value the preservation and exercise of fundamental freedoms, uphold the principles of the Constitution, resist all efforts to curtail individual rights as provided in the Bill of Rights, and strive to protect our adversarial system of justice.
The ABCL values unity, camaraderie and the recognition of the collective skills we harness when we unite. It is with a sense of reluctance that we address matters beyond the courtroom realm; however, it is in the spirit of respecting our origins that we choose to speak now on this Law Day. Our aim is not to highlight a problem but rather to uphold our dignity and the true beginnings of our people.
A reflection on some of the grievances outlined against the King in the Declaration of Independence is warranted:
“Obstructing the laws for naturalization of foreigners; refusing to pass others to encourage their migrations hither
He has obstructed the administration of justice by refusing his assent to laws establishing judiciary powers
He has made Judges dependent upon his will alone
He has erected a multitude of new offices and sent hither swarms of officers to harass our people
He has kept among us, in times of peace, standing armies
He has affected to render the military independent of and superior to the civil power
For cutting off trade with all parts of the world
For depriving us in many cases of trial by jury
For transporting us beyond seas to be tried
For declaring themselves invested with power to legislate for us in all cases whatsoever
He has excited domestic insurrection amongst us”
(Excerpts from the Declaration of Independence)
When the independence and autonomy of our law firms, universities and Judiciary are jeopardized, our democracy is at risk. When any individual’s call for or against a cause is silenced and censored, and when any person’s right to due process is ignored, the enduring health and beauty of the world’s greatest social experiment – our nation-state, our republic, our democracy – are threatened.
Our most powerful response to these challenges lies in our unity; declaring in one coherent voice the preeminence of our Constitution and the imperative for the Rule of Law. The alternative is to place our foundational principles on equal footing with transient aspirations for power.
The American Board of Criminal Lawyers finds great solace in the people and their institutions. It is the people who constitute our juries. They bring common sense to our halls of justice. They are the empowered peer.
We commend our Judges for their unwavering commitment to the Rule of Law.
We commend our fellow lawyers for their steadfast adherence to principle.
We commend our nation for believing in itself.