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Is coercion the same thing as blackmail? Also, what if you're a lawyer and you know your client committed a crime. If you felt that they should be punished, could you coerce them into confessing? Or if not that, what if you have them on the stand...are there subtle ways you can show that their guilty, without it being obvious to the judge, and without getting in trouble? I'm just curious as to what a lawyer can do in these circumstances. Is coercion unethical?

2006-10-08 17:19:12 · 3 answers · asked by Shannon83 1 in Politics & Government Law & Ethics

3 answers

Coercion is not the same as blackmail. Blackmail is a slang term for extortion, when you are attempting to get something from someone (usually money) in exchange for you keeping quiet about something you know about them. For example, if you know someone is cheating on his wife, you can blackmail him into paying you to NOT send his wife the pictures.

Coercion is when I am trying to get you to do something through means that may be illegal but are certainly unethical. Getting you to sign a will by holding a gun to your head, for example.

If your lawyer knows that you committed a crime, he is still bound by the rules of his profession to tell no one and do his best to get you the best result that he can. Now, if he knows you are guilty, he might advise you to make a deal rather than go to trial, since if you ARE guilty, it's likely that the jury will find you guilty and you'll get a worse sentence.

If a lawyer were to get his own client on the stand and trick him into confessing or giving away damning evidence, the accused could ask for a mistrial, but you probably would not get it.

If you want to see a classic example of how the legal system DOESN'T work in this regard, rent a movie called "From the Hip." Stars Judd Nelson and was made about 1990. It's a fun movie, too.

2006-10-08 18:06:09 · answer #1 · answered by Chredon 5 · 0 0

Are These Two The Same Thing?

Nope.

Is coercion the same thing as blackmail?

Nope.

Also, what if you're a lawyer and you know your client committed a crime. If you felt that they should be punished, could you coerce them into confessing?

Nope.

Or if not that, what if you have them on the stand...are there subtle ways you can show that their guilty, without it being obvious to the judge, and without getting in trouble?

Nope.

I'm just curious as to what a lawyer can do in these circumstances.

A lawyer's duty is to zealously advocate on behalf of his client within the bounds of the law.

Is coercion unethical?

Yep.

2006-10-09 00:52:55 · answer #2 · answered by Harvie Ruth 5 · 0 0

If you become a lawyer, you are not allowed to purposely harm your client's case. What you think about his or her guilt is nobody's concern; your job is to make the best case possible. Lawyers focus on the case and on the strategy and don't think about what a guilty client deserves to have happen to him or her. If a lawyer is thinking that way, he or she should get a new job.

2006-10-09 00:31:02 · answer #3 · answered by Anonymous · 1 0

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