The Defense Never Rests by F. Lee Bailey

My family and I were renting a house for the holiday season and I picked this book from a large bookcase in the rental home. It was published in 1971. The author was one of the most well-known and successful defense attorneys in the history of the United States. He has defended the accused in the famous “Torso Murder Case,” the people involved in the “Great Mail Robbery” as well as Sam Sheppard, Albert DeSalvo (also known as the Boston Strangler), Dr. Carl Coppolino and many years after this book was published he defended O.J. Simpson.

This book is written in the first person and clearly conveys the Bailey’s passion for his work. He not only believed in giving his clients the benefit of every possible legal defense but he also clearly was very passionate about the law and the judicial system. A good part of this book includes the exact wording taken from court records of examinations and cross-examinations from many of his high-profile cases. It is quite fascinating since he also provided the behind-the-scenes discussions with clients and other people involved, that shed light on the cases being litigated and the personalities involved.

Two recurring themes throughout this book deal with subjects that most of us don’t have much insight about. The first is the polygraph or lie detector. Bailey was a strong advocate of this instrument in allowing many of his clients to establish that they were telling the truth even though this test is not allowed in most courts. Another interesting subject which Bailey utilized was hypnosis. At times he brought in experts in this field to explore a client’s motivation and to demonstrate various aspects of the veracity of them.

I do acknowledge that at times I could not follow Baileys’ logic or trend of thought as he delved into the law and was preoccupied with his passion for establishing the grounds for his client’s innocence or the right to an appeal.

I am sure that this book has inspired many young people to enter the legal profession and has been a factor in young lawyers choosing to specialize and become a criminal defense attorney. Even if this is not a factor for you, this book will be a very interesting read.

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