What Happens to Justice When You Silence the Defense
Criminal defense attorneys are often misunderstood. They are described as people who “defend the guilty.” That phrase is simple. It is also wrong.
Defense attorneys defend people. People who live in our communities. People who work, raise families, struggle, and sometimes fail.
Why Sentencing Demands More Than One Perspective
That misunderstanding now shapes the Utah legislature’s proposed House Bill 274 for the 2026 session. The bill would remove criminal defense attorneys from the state’s Sentencing Commission. Supporters say this will improve public safety. In reality, it does the opposite.
The Sentencing Commission exists for a reason. Sentencing is complicated. It is not only about punishment. It is about consequences.
The Human Impact of Policy Decisions
Sentencing determines whether a person can return to work, care for their children, or access treatment. It shapes who comes back into a community — and in what condition.
Defense attorneys understand those consequences because they see them every day.
What Defense Attorneys Actually Contribute
In court, they represent people at their lowest moments. Some are guilty. Some are not. All are human. They see how trauma, addiction, poverty, and mental illness intersect with the criminal system. They see what helps people change — and what makes them worse.
That perspective matters.
Public Safety Requires Evidence, Not Severe Punishment
Public safety is not created by severity alone. It is created by sentences that work. Research consistently shows that overly harsh punishment can increase recidivism and destabilize families.
Defense attorneys bring that reality into policy discussions. Not to excuse crime. But to prevent policies that fail.
Why Balance – Not Elimination – Is the Solution
Supporters of HB 274 argue that the Sentencing Commission is “broken.” They point to a troubling sentencing decision as proof. But policy-making driven by frustration is rarely good policy-making.
The purpose of a commission is balance, not uniformity.
What Is Lost When Defense Voices Disappear
That concern is not limited to defense lawyers. The Utah State Bar has warned that bills like HB 274 weaken judicial independence. When one branch of the system dominates sentencing policy, public trust erodes. And without trust, the justice system cannot function effectively.
Defense attorneys do more than advocate for individual clients. They protect the integrity of the process. They insist that punishment be lawful, proportional, and grounded in reality. When that voice disappears, sentencing becomes easier. Justice becomes weaker.
The question is not whether crime should be punished. Of course it should. The real question is how.
Do we want a system shaped by a single perspective? Or one strong enough to hold disagreement and complexity?
HB 274 chooses the first path. It removes the voices most likely to ask hard questions. It trades balance for certainty.
That may feel satisfying in the moment. But it will not make Utah safer. It will make the system less informed, less fair, and less humane.
Justice requires more than punishment. It requires perspective. And silencing the defense takes us further from both.