Criminal defense law is a crucial part of the U.S. justice system. Its primary purpose is to uphold a key principle: that all individuals are considered innocent until they are proven guilty. Over recent years, the field has evolved significantly, with fewer jury trials taking place and artificial intelligence starting to play a larger role in legal research and case preparation.
According to the American Bar Association, as reported by NPR, approximately 98 percent of criminal convictions in the U.S. now arise from plea deals rather than going to trial. This underscores the significant pressure defendants encounter when assessing the risks of a trial, especially under stringent sentencing laws like New Jersey’s “No Early Release Act.” Consequently, defense attorneys must carefully balance legal strategies with personal considerations to effectively advocate for clients facing the formidable power of state resources.
Additionally, the legal field is beginning to incorporate artificial intelligence. Technologies capable of analyzing case laws swiftly or drafting legal documents are transforming attorneys’ preparation methods. Yet, as criminal defense lawyer Brett Rosen points out, “There won’t be 12 robots on the jury. There will be 12 people, who want a story and a way to relate to this person. You need to convey that message…a robot won’t be in that role.” His views emphasize the enduring value of trial advocacy as a fundamentally human practice.
In 2023, Rosen gained national recognition for his successful defense of Edilberto Torres, a karate instructor accused of sexually assaulting an 11-year-old student in Bloomfield, New Jersey. The allegations dated to 2019, and a conviction could have resulted in severe consequences, such as a lengthy prison sentence, registration under Megan’s Law, and lifelong supervision. Following a four-week trial with testimonies from the alleged victim, her mother, law enforcement, and various defense witnesses, the jury took eight hours to reach a verdict, ultimately acquitting Torres of all charges.
Reflecting on the case’s challenges, Rosen noted, “Such cases are especially tough because when a child makes an allegation, there’s a presumption of truth…people wonder, ‘why would they make this up?’ Furthermore, he had substantial community support during the trial, with supporters attending almost daily.” The verdict not only ensured his client’s freedom but also allowed him to resume his career.
Today, criminal defense lawyers face increasing pressures. The trend of declining trial rates, rigid sentencing requirements, and public scrutiny in sensitive cases creates a challenging environment for defense attorneys. Additionally, public defenders are overwhelmed, with the American Bar Association reporting that many public defender offices lack adequate resources to meet workload standards. Due to these challenges, private defense attorneys like Rosen are increasingly prominent in high-profile cases as they draw attention to systemic issues within the justice system.
Looking forward, Rosen acknowledges that technology will continue to reshape the legal field, but he remains steadfast in the belief that human advocacy cannot be replaced. “I definitely see AI having an important role…especially in criminal defense. But at the end of the day, [trials] need someone who’s personable…who can convey a message the jury relates to.”
As the legal profession adapts to technological advances and ever-changing cultural expectations, Rosen’s philosophy will remain grounded in preparation, human connection, and unwavering advocacy for the accused.
