If a lawyer knows their defendent is guity of a crime (like murder) can they still say they're innocent and defend them in the trial? Or do they like find some excuse on why they committed the murder (insanity)?
2006-11-06 07:23:29 · 6 answers · asked by Kadi 2 in Politics & Government ➔ Law & Ethics
Whether or not the Lawyer thinks - or knows - that his client is guilty of murder for example - He is ethetically bound to see that the client gets the very best legal representation possible.
If using the Insanity Plea is the best route to take - it should be used.
Like wise by using the legal defense of self-defense or stopping the person from further committing the crime of murdering someone else.
A lawyer never "knows" his client is ever guilty of - say murder because this is a question for the jury.
If I had a client come into my office and they advised me that they killed someone and were guilty of murder - I would have to tell them that - that question is entirely up to the Jury and not up to them or me to decide..
2006-11-06 07:31:48 · answer #1 · answered by Anonymous · 0⤊ 0⤋
You betcha! I know it sounds cynical, but please remember no one is legally "guilty" until he's had a fair trial; and in addition, the US Constitution says he can't be forced to testify, that the entire burden of proof is on the state. So even if a lawyer thinks the client is guilty, he's not the judge or jury, and he owes it to his client to hold the government to its legal obligation of proving the client guilty beyond a reasonable doubt.
That's why I don't practice criminal law, I don't really want to defend anyone whom I think did commit a crime. But it is a job that needs to be done, and sometimes criminal lawyers are genuine heroes in defending those whom society has pre-judged unfairly.
2006-11-06 15:49:42 · answer #2 · answered by AnOrdinaryGuy 5 · 0⤊ 0⤋
If the murder has already happened it is the duty of the attorney to defend his client vigorously and within the rules (doing whatever they can within those restraints). If he were to fail to represent his client in such a way he would be subject to discipline. Typically, in representing a client you do not have to lie, you are only presenting the facts.
2006-11-06 15:34:49 · answer #3 · answered by straightup 5 · 0⤊ 0⤋
A lawyer is sworn to secrecy about what clients tell them. A lawyer however cannot in good faith let a client commit perjury. yes a lawyer can defend a client he knows is guilty, but he can not let the client lie under oath about it. guilt or innocence alot of times is about the evidence, not about the truth.
2006-11-06 15:28:09 · answer #4 · answered by SKYDOGSLIM 6 · 1⤊ 0⤋
If an attorney knows the client is guilty, he can make the state prove its case but he cannot claim he is innocent.
A smart defendant doesn't tell the attorney that he did it. A smart attorney doesn't ask his client that question, either.
2006-11-06 15:35:00 · answer #5 · answered by American citizen and taxpayer 7 · 0⤊ 0⤋
It is an attorney's job to do the best he can for the defendant, although I do believe attorney's live off the miseries of others.
2006-11-06 15:27:29 · answer #6 · answered by festus_porkchop 6 · 0⤊ 0⤋