That however, should not include allowing lawyers to distract the jury with theories that have no foundation in fact theories they know are in effect clever lies. U.S. District Judge Richard Matsch has already prohibited McVeigh's defense team from introducing their theory that international terrorists were to blame for the bombing. Still, on the opening day of their defense last week lead defense attorney Stephen Jones introduced testimony about an unidentified left leg with a military-style boot that was found in the rubble. His intent though he did not state it directly, was to suggest that the real bomber was killed in the blast. The fact is, all adversarial systems have some rules that limit what the parties may do to one another.
Football rules prohibit ramming.
Ice hockey penalizes slashing. Even nations at war recognize the Geneva Convention. So, too, our judicial system already has limits that are ensconced in law and in the ethical code of the legal profession. For instance, a lawyer may not counsel his client to destroy evidence or to perjure himself. While it may be surprising news to some, lawyers aren't supposed to be hired guns, but professionals with moral commitments, who must also be concerned with the common good.