The Problem with 'Winning' in Criminal Law
A recent New Yorker article highlighted a deeply troubling reality in the justice system: the lengths some district attorneys will go to secure a conviction, even in death penalty cases. The story sheds light on a decades-old trend in Alameda County, California, where prosecutors handling capital cases were found to have chosen juries unfairly. Meticulous notes from those trials revealed a pattern of deliberate bias that has now put dozens of murder convictions in doubt.
But as shocking as these revelations are, the focus of the article—and our reflection—is not on the biases alone but on the motivations of the prosecutors involved.

When Winning Becomes the Goal
As journalist Jennifer Gonnerman recounts, conversations with former district attorneys revealed an unsettling priority: the need to win.
Some prosecutors admitted to trying cases they didn’t even believe warranted the death penalty. Why? For the prestige of being a “death penalty expert” and the career spotlight it brought. The pursuit of “winning” overshadowed the pursuit of justice, fairness, and even the need for strong evidence in some cases.
One former district attorney reflected on a death penalty case that resulted in a conviction. Decades later, they admitted that the outcome owed more to the defense attorneys’ incompetence than to their own efforts. This wasn’t a victory of justice but a failure of the system—one with irreversible consequences, as it placed a person on death row.
To reduce criminal law to a contest between prosecutors and defense attorneys is to trivialize lives, rights, and the very principles of justice. This is not a game.
The Stakes Are Too High
Criminal law involves the state or federal government wielding its immense resources to accuse a private citizen of a crime. If convicted, that person could face life-altering consequences: fines, imprisonment, or even death.
In this context, the goal should never be about “winning” or “losing.” The justice system must answer one crucial question: Is the person guilty or innocent?
Anything less than a fair process undermines the integrity of the system.
Why We Stand on the Side of Defense
At Knauss Law, we align ourselves with the principle that the government must prove its case beyond a reasonable doubt. We work to protect the rights of individuals and ensure that fairness, not ego or career ambition, is the guiding force in the courtroom.
As criminal defense attorneys, we’re here to challenge the evidence, hold the government accountable, and demand a fair trial for every person we represent.
This is why we do what we do: not for accolades or prestige, but to ensure that the system works the way it should—for everyone.
The Bottom Line
The justice system is at its best when fairness, not a tally of wins and losses, drives decisions. As defense attorneys, we are proud to stand on the side of ordinary citizens, ensuring their rights are protected and that every case is handled with the gravity it deserves.
If you or someone you know is facing criminal charges, contact Knauss Law today. Together, we can protect your rights and fight for the fairness that every person deserves.