Why are defendents but not lawyers made to 'tell the truth, the whole truth, and nothing but the truth'?

Question

And can you also answer why people who plead non-guilty but then are found beyond reasonable doubt to be guilty are not charged with trying to pervert the course of justice/covering up a crime?

Answer 1

In answer to question 1): The oath you have partly quoted is in fact the oath that all witnesses have to make if they give sworn EVIDENCE in Court. This applies to all witnesses, whether they be Defendants or prosecution witnesses. Indeed the Defendant has the option to decline giving evidence if he wishes, so he is never "made" to tell truth, the whole truth etc. (although interestingly many centuries ago the law was different in England and a Defendant could be forced to give evidence by placing heavy weights on his chest until he agreed to give evidence, hence the saying "that's a weight off my chest!", but I digress).

The guilt or innocence of the Defenadant is only to be decided on the evidence given in the trial. The lawyer does not and indeed cannot give evidence himself (if he tried he would be dismissed by the Judge). Furthermore, the lawyer cannot have been present at the commission of the original crime and therefore does not know what the "truth" of the matter is anyway.

The only way that the lawyer could "know" the truth is if the Defendant confessed it to him. If this happens then the rules of the profession force the lawyer to advise the Defendant to plead Guilty or to continue with the trial knowing that the lawyer cannot actively suggest to the Court that he is innocent but rather simply "test" the reliability of prosecution evidence.

In short: Lawyer's are only mouthpieces. Their job is not to "tell" the truth of a crime, but merely to ensure the the Defendant's case is presented fairly and clearly. The jury will then determine what the "truth" is.

For further info see: http://www.barcouncil.org.uk/document.asp?languageid=1&documentid_ddl=2831&documentid=2827&original_documentid=2831

In answer to question 2): You make a fair point. In reality, however, the sentence that the Judge gives will reflect the fact that the Defendant did not admit his guilt (conversely the potential sentence is reduced where the Defendant does plead Guilty).
You should also remember that not every criminal is convicted because the jury thought he was "lying" or covering up. Many trials turn on other issues. eg if a jury found as a fact that the Defendant had assaulted someone by using, in their opinion, excessive force in self-defence (even though they also believed that the drunken Defendant thought what he was doing was reasonable by his own drunken standards)

'Hope this helps.

Answer 2

Lawyers are the equivalent of "under oath all the time" being bound by their professional code of conduct, so they don't need to take a spoken oath on the record, being in good standing with their licensure is enough.
The "not guilty" plea is a constitutional right since the burden of proof is on the prosecution to prove the case and due to the presumption of innocence which follows every defendant throughout the proceedings until which time a judge or jury returns a verdict of "guilty".
Once a trial ends in a guilty verdict, you cannot then turn around and start another proceeding against the defendant for pleading "not guilty" in the first place!

Answer 3

Actually, as "officers of the court," lawyers are supposed to be truthful at all times. Legally, an attorney cannot allow a witness to lie if he/she has knowledge that the testimony is a lie. The truth has a habit of getting in the way though, so lawyers have found many ways of getting around it. Consider the huge number of lawsuits filed each day, and then consider how few of them are filed against attorneys.

Answer 4

Lawyers are suppose to be on the side of the law. I think it is sad how many lawyers only think of "the law" as a chess game and how to twist it to get a guilty client off. The constitution is being twisted to be used more as a shield for the guilty instead of a sword for the people!

Answer 5

Lawyers are hired to get them out of a mess and usually they can get a deal. Lawyers aren't there to prove that somebody didn't murder somebody when they actually did (this most likely is what we see it as). A deal is when the defendant confesses the whole story and gets a shorter sentence. Lawyers will manipulate the truth and bend their questions so that the people on trial and opponent lawyers will unknowingly begin to "confess" even though they don't know that they are.

Answer 6

Lawyers deliberately lying in court are surely committing perjury, just as anyone else would be. Ah! Jeffrey Archer.

Since pleading not guilty to a crime results in a heavier sentence when convicted, you could argue that these people are in effect also being punished for perjury.

Answer 7

Check your fifth amendment. A criminal defendant is under no obligation to put his/her own neck in the noose.
Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

For an interesting perspective on the criminal defense attorney
There is a book called How can you defend those people? It's out of print i think.

Answer 8

Because lawyers are trained from an early age to lie and insinuate. This is in their nature. It's what they get paid for.

Answer 9

Attorneys art TAUGHT to NEVER tell the truth. Just like social workers.

Answer 10

Get into politics and change the law. We can all do it if we want