Question for a REAL Defense Lawyer?

Question

My question is for someone that is actually a defense lawyer, not someone pretending to be one! (If you respond, please give a link to a website that proves you are who you say you are). I would like to know, as a defense lawyer, how do you deal with defending someone that you know is actually guilty of the crime they are being charged with. I don't mean a crime such as stealing or something like that, I am talking about heinous crimes such as murder, rape, child molestation etc... Conscience wise, how do you live with yourself knowing that you defended someone and they were found not guilty when in fact they actually committed the crime. If my question is confusing, I am sorry. You can contact me via messenger for longer conversation about this topic.

learningnewthings.... you asked me why... I am in college going for a criminal justice degree. One of my assignments is to ask a defense lawyer a question in any public forum where my professor can see the question and answer. This is always a question I have been wondering. I am not looking to condem anyone for doing their job, I have just always wondered how someone can deal with that.

Universal and Brand X, thank you for your answers... both of your answers are ones that I have brought up to my professor, and he said that I had very good points. I can see how big cases would drive a person to challange. It is hard to think that someone would do it mainly for the money... but it is truely beleiveable. Money will drive people to great lengths, I wouldn't put deviance to far down on the list.

Derek G. Thanks for your answer! I completely agree with you. Anyone can admit guilt, and anyone can also taunt the police or investigators with comments of their guilt and at a later time use the 5th amendment to withdrawl any previous admissions.
Sadly, there are a lot of people in the world that do NOT believe in the phrase "innocent until proven guilty". I for one, truly believe that is how it SHOULD be, however I think that our justice system uses that phrase losely and treats the accused more like "guilty until proven innocent".
It is sad to think that there are so many loopholes in our justice system and yet no one speaks out to fix any of them!

strangedaze23... WOW. your answer is amazing. I don't think that all lawyers are out for just money... I think (not positive about this) that something must happen at one point or time in the lives of someone who is a lawyer, that makes them want to become a lawyer. Am I correct here?
I think it is good that there are lawyers that are truly interested in preserving the rights of people in the interest of the justice system.

the_silverfoxx and roadkill... thank you for your answers.
It is good to think that there are lawyers that WILL turn down a case because they could not defend someone. I totally agree that even the guilty do deserve a good defense, but the degree of defense and the amount of time that is put into the cases for severe criminals takes away from a truly innocent person getting a good defense lawyer that may be better for them personally, than the defense lawyer they end up getting.

AGLaw... thank you for your answer. I enjoyed reading what you had to say. also, thank you for the link! GREAT article!
Ok, this evening I watched an msnbc documentary on a guy who was charged with attacking and raping a woman on a beach in wisconsin. He was charged (she id'ed him in a line up and all that goes along with id'ing a suspect) but stated his innocense all along and his conviction was later overturned due to dna evidence that processed when dna testing was made available in later years. They found the actual man that attacked the woman and this guy was let out of prison... when he was let out of prison, he brutally raped and murdered another woman, but again, stated his innocense all along. dna evidence proved him to be the killer, along with an overwhealming amount of other evidence. He was sent back to prison and his lawyer, even with all the physical and dna evidence still thinks he is innocent. I honestly believe in innocent until proven guilty, but sometimes its hard.

sexy law chick... Thank you for your answer. You are right. I am passionate about my question.
I'm not in the least bit interested in riping up your answer! You have a very GOOD point. It is AWESOME that there are lawyers out there that are SO passionate about the law, that they are working so hard to protect something!, no matter what it is, the rights of victims, defendants or the state. I know how hard a lawyers job is, well I don't know, but from everything I see in court (I sit in on cases sometimes that deal with drug or theft, mainly small things like that) a lawyers job is VERY hard.
One question though... when you are working on a case, is it sometimes hard to decifer if your client is telling the truth or not? (in a case that they don't admit guilt and there isn't a lot of evidence).
I do believe that lawyers are worth the money they make, especially in big cases that are time consuming.
Thank you SO much for your answer :)

David B... thanks for responding! I understand the issue is rarely about innocense or guilt.
Every one that is accused of a crime SHOULD be treated as if they are innocent until proven guilty, but all to often in our justice system I see people being treated as if they are guilty until proven innocent. I am wondering how that effects lawyers jobs, to see their client being treated guilty before all the evidence is even presented!
Out of all the answers, you are the first person to say anything about a plea bargain. I was wondering if anyone was going to bring that up. A plea bargain is basically the accused admitting guilt, and while I can see a lawyer having an easier time with a client willing to plead out, I would assume that would make it easier for them to handle the case, because they aren't defending a guilty person to get off, they are actually keeping society safer by accepting the plea. Your last paragraph COMPLETELY answers my question! Thank you SO much!

Answer 1

StrangeDaze is right on the money.

When defending someone, the issue is rarely whether they're innocent or guilty, but one of two things:

1) whether the government has met its burden of proving guilt beyond a reasonable doubt, and whether it has done so within the bounds of the law, or

2) obtaining for the defendant the best possible outcome given the individual's situation. This may take the form of making the best possible plea deal one can.

Like StrangeDaze, I have the greatest of respect for those on the opposite side, in my case, for those who enforce the laws and those who prosecute defendants. These individuals are often working for wages that are far below what they deserve, and through their actions they protect all of us.

That having been said, they get - and should get - no slack. If they haven't met their burden, the defendant shouldn't be convicted. And that's how a good defense attorney's conscience is clear - as a critical part of the system of checks and balances.

Answer 2

Every lawyer in our great nation has sworn an oath to uphold and defend, to the best of his or her ability, the U.S. Constitution. In the Bill of Rights, the Constitution clearly outlines the rights of persons charged with crimes with this truly unique and innovative concept: those charged are innocent until proven guilty.

Now, there are surely people who commit terrible crimes but while they are being defended, the attorney is also defending the Constitution (innocent until proven guilty).

If it became easy to convict persons of crimes, guess what? The government would swamp the public with its almost limitless power. You or I could get convicted of a crime, and it'd be easy to just lock us up and throw away the key.

Also, if a person committed a murder for example, would you punish him without regard to any extenuating circumstances? What if it was in defense of a family member or during a home robbery? What if it was a terrorist trying to harm many people? How would we even know without the advocacy of a lawyer?

What if that person was actually NOT guilty? (see below), even though all evidence pointed otherwise. What if that person was your father?

The process is designed to bring out the truth, but it cannot work and will not work unless both the prosecution AND defense are equally vigilant in their work. To defend a person as an attorney is an honorable calling--and may be the highest privilege there is.

Answer 3

I am on the other end of the Spectrum. I am an Assistant District Attorney, but I think I can answer.

Lawyers, any lawyer worth their salt, have a different point of view then non-lawyers. It is not about the person they are defending in many cases, it is about preserving rights, making sure a person gets the best representation possible and doing the right thing.

If a defense attorney does their job, and fights for the defendant, they are preserving the system that protects our rights. And eventhough I am often at odds with them (since I try to put people in jail and they try to keep them out) I respect what they do. Without good attorneys fighting tooth and nail for all defendants the system would not work.

Answer 4

I am not a lawyer but one lawyer that I know told me his job was to provide the best defense possible. He also told me that he had refused two cases because he would have been unable to defend persons for what he new were very severe crimes, he would have been wanting his clients to get the maximum possible sentence and then some. But that even guilty people deserve the best defense possible, even if it means only serving ten instead of twenty years. I hope you get a real lawyer to answer, but it is friday.

Answer 5

lol. you are quite the funny guy. i am quite amused that you are on a free website, where people are volunteering their time (and possible expertise) at their leisure...yet you are insisting that people prove that they are who they are...and u even want links?? lol. i am going to give you a pass since you are a college student. but when you ask questions in a serious manner (as you did), serious answers will come...you may not get many, but you will get enough. there are plenty of lawyers on this site. but some of us spend all day living and breathing law; so we like to use this site in a more recreational manner. i dabble in and out of the law related questions.

i read your question. and a lawyer like me is more concerned with how passionate you are about this, than actually answering the question. you are responding to every single person, by name...and really trying hard to make a point that i think supercedes the question, and more apparently, it supercedes all those who are attempting to substantively reply. so i won't give you the opportunity to rip up my answer..:lol...not to mention the fact that i am NOT a defense lawyer. i'm on the other side of the "v," and trust me, there are people passionate about every aspect of the law. people ask how i can live with myself putting a potentially innocent person in jail. or how i can live with dismissing a case against a man accused of beating his wife. and the answer to allllllll of these concerns, including yours, is that every lawyer has a responsibility to uphold or protect SOMETHING. and that something is what non-laywers don't understand. "something" may be the defendant's rights, or may be the victim's rights, or may be the rights of the People of the state. but whatever the "SOMETHING" is, it is definitely why we get paid so much :) not always easy. and your question is exhibit 1 of why we get paid so much!!

good luck with your studies!

Answer 6

It's not always about guilty/not guilty... they could have admitted to the crime under an illegal confession type circumstances, so then you are just defending their rights. Criminals have rights too, and its innocent until proven guilty. Any idiot who comes on here and say criminals deserve to be beaten and tormented is just a bumbling idiot that clearly has no knowledge of how our criminal justice system is set up, or any idea behind what the consitution stands for.

Answer 7

I'm just pretending but I assume they say they serve the justice system best when they zealously represent their clients regardless of guilt. That way, no convictions will be overturned on appeal due to poor representation. Privately, they might say that the challenge is what drives them...and the ego of proving that they have the power to control someone's fate.

Answer 8

Awww you're just mad cause you couldn't afford a good criminal defense lawyer and now half your family is in jail for stealing TVs and mugging people.

Answer 9

when a lawer is obtained to repersent a client your proffecer knows that you are by law not to talk about your client as far as knowing whoever you are repersanting it was your choice to say yes or no . onley a cort appointed lawer hasent that right . i would myself not want to make that call knowing i would let this type back out to do this over again to many judges makes that decision in my opion a plea deal. go to this site thank you. www.harvardlawschool.com

Answer 10

For Legal Advise I always recommend this website where you can find all the solutions. http://SMARTFINANCESOLUTIONS.NET/index.html?src=5YAPZPovy3gpS1

RE :Question for a REAL Defense Lawyer?
My question is for someone that is actually a defense lawyer, not someone pretending to be one! (If you respond, please give a link to a website that proves you are who you say you are). I would like to know, as a defense lawyer, how do you deal with defending someone that you know is actually guilty of the crime they are being charged with. I don't mean a crime such as stealing or something like that, I am talking about heinous crimes such as murder, rape, child molestation etc... Conscience wise, how do you live with yourself knowing that you defended someone and they were found not guilty when in fact they actually committed the crime. If my question is confusing, I am sorry. You can contact me via messenger for longer conversation about this topic.
Update: learningnewthings.... you asked me why... I am in college going for a criminal justice degree. One of my assignments is to ask a defense lawyer a question in any public forum where my professor can see the question and answer. This is always a question I have been wondering. I am not looking to condem anyone for doing their job, I have just always wondered how someone can deal with that.
Update 2: Universal and Brand X, thank you for your answers... both of your answers are ones that I have brought up to my professor, and he said that I had very good points. I can see how big cases would drive a person to challange. It is hard to think that someone would do it mainly for the money... but it is truely beleiveable. Money will drive people to great lengths, I wouldn't put deviance to far down on the list.
Update 3: Derek G. Thanks for your answer! I completely agree with you. Anyone can admit guilt, and anyone can also taunt the police or investigators with comments of their guilt and at a later time use the 5th amendment to withdrawl any previous admissions.
Sadly, there are a lot of people in the world that do NOT believe in the phrase "innocent until proven guilty". I for one, truly believe that is how it SHOULD be, however I think that our justice system uses that phrase losely and treats the accused more like "guilty until proven innocent".
It is sad to think that there are so many loopholes in our justice system and yet no one speaks out to fix any of them!
Update 4: strangedaze23... WOW. your answer is amazing. I don't think that all lawyers are out for just money... I think (not positive about this) that something must happen at one point or time in the lives of someone who is a lawyer, that makes them want to become a lawyer. Am I correct here?
I think it is good that there are lawyers that are truly interested in preserving the rights of people in the interest of the justice system.
Update 5: the_silverfoxx and roadkill... thank you for your answers.
It is good to think that there are lawyers that WILL turn down a case because they could not defend someone. I totally agree that even the guilty do deserve a good defense, but the degree of defense and the amount of time that is put into the cases for severe criminals takes away from a truly innocent person getting a good defense lawyer that may be better for them personally, than the defense lawyer they end up getting.
Update 6: AGLaw... thank you for your answer. I enjoyed reading what you had to say. also, thank you for the link! GREAT article!
Ok, this evening I watched an msnbc documentary on a guy who was charged with attacking and raping a woman on a beach in wisconsin. He was charged (she id'ed him in a line up and all that goes along with id'ing a suspect) but stated his innocense all along and his conviction was later overturned due to dna evidence that processed when dna testing was made available in later years. They found the actual man that attacked the woman and this guy was let out of prison... when he was let out of prison, he brutally raped and murdered another woman, but again, stated his innocense all along. dna evidence proved him to be the killer, along with an overwhealming amount of other evidence. He was sent back to prison and his lawyer, even with all the physical and dna evidence still thinks he is innocent. I honestly believe in innocent until proven guilty, but sometimes its hard.
Update 7: sexy law chick... Thank you for your answer. You are right. I am passionate about my question.
I'm not in the least bit interested in riping up your answer! You have a very GOOD point. It is AWESOME that there are lawyers out there that are SO passionate about the law, that they are working so hard to protect something!, no matter what it is, the rights of victims, defendants or the state. I know how hard a lawyers job is, well I don't know, but from everything I see in court (I sit in on cases sometimes that deal with drug or theft, mainly small things like that) a lawyers job is VERY hard.
One question though... when you are working on a case, is it sometimes hard to decifer if your client is telling the truth or not? (in a case that they don't admit guilt and there isn't a lot of evidence).
I do believe that lawyers are worth the money they make, especially in big cases that are time consuming.
Thank you SO much for your answer :)
Update 8: David B... thanks for responding! I understand the issue is rarely about innocense or guilt.
Every one that is accused of a crime SHOULD be treated as if they are innocent until proven guilty, but all to often in our justice system I see people being treated as if they are guilty until proven innocent. I am wondering how that effects lawyers jobs, to see their client being treated guilty before all the evidence is even presented!
Out of all the answers, you are the first person to say anything about a plea bargain. I was wondering if anyone was going to bring that up. A plea bargain is basically the accused admitting guilt, and while I can see a lawyer having an easier time with a client willing to plead out, I would assume that would make it easier for them to handle the case, because they aren't defending a guilty person to get off, they are actually keeping society safer by accepting the plea. Your last paragraph COMPLETELY answers my question! Thank you SO much!
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