What a criminal defense lawyer does, primarily is defend the Constitution. It is essential that the rights of the accused be upheld, or an accusation of wrong-doing would be enough to convict.
2007-01-15 06:41:55
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answer #1
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answered by Anonymous
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This is a basic legal dilemma. The defense attorney is there to assure the accused gets a fair trail and the burden of proof is squarely on the prosecution. If, for some reason, the prosecution does not run the trail fairly, or produce evidence in a legal manner, a guilty person may go free, sure. BUT, their rights were defended. Do I personally AGREE, no, but it's a system that tries to assure only the guilty are convicted. The error for convicting an innocent person is greater than letting a guilty person go free.
2016-03-28 22:54:30
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answer #2
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answered by ? 4
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That's a pretty big subject to address. A few points. a Christian would hopefully go into law wishing to defend the innocent. On top of that until the trial is finished his guilt hasn't been determined by the law. Until all the facts come out (if they do) no one knows if they are guilty. If a person admits guilt then the defence lawyer if they are ethical will admit this. They are not supposed to hide a crime. Also one big important point your friend may be missing. Even if a person who committed a crime is found not guilty by a court (they would have their reasons) doesn't mean they are getting away with one by God. They will still have to account before him. defence lawyer may also be able to best recommend a plea bargain which would be in best interest of both parties. This is just a small and brief answer of a much larger topic.
2007-01-15 06:27:17
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answer #3
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answered by Edward J 6
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If what you say is indeed the case then you are condoning sin, so therefore no you cannot be a defender of someone who is guilty because they have to pay the price for what they have done. Jesus did not condone sin. Some say that He didn't make a big deal of it because He could've with the prostitute that was brought beore Him. But after her accusers had left He told her to "Go and sin no more." In essence He did not just let her get away with what she did. There was a price she had to pay (and a pretty stiff one at that) and that was to sin no more. Think about telling a guilty person that the next time they get away with a crime, I guarantee you they'll commit a crime (if not the same one) over and over.
2007-01-15 06:23:41
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answer #4
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answered by thstuff9946 2
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If a person confesses their crime to the attorney, then the attorney is obligated to remove himself from the case for conflict of interest.
However, most people do not confess guilt, and being a lawyer and a christian, he would not be right to assume that he is guilty even if the evidence suggests so, because the law says innocent until proven guilty. Now the prosecute rs may plea bargain and the defendant my or may not accept. Or it goes to trial, where the group of peers determine if the evidence is sufficient enough to prove him guilty. This doesnt make the Chrisatian attorney go against any morality. (besides, thou shalt not judge, but its the jury and judge doing the judging)
2007-01-15 06:25:59
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answer #5
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answered by ♫O Praise Him♫ 5
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Well, the Bible says that we must honor the laws of the land. It even spells out specific crimes that are considered sin such as murder, stealing, etc. We have laws of the land which make it a crime to kill or steal. The Bible further says that if we know to do right and do not do it it is a sin. So, if you know a person broke the laws of the land AND God's laws as well and you know that the punishment for those crimes is incarceration or death according to the laws of the land and according to God's word and you help the criminal avoid that punishment then you are indeed sinning. You know in your heart to do the right thing - turn him in & let him suffer the punishment of his crime - yet you are knowingly helping him evade that punishment for nothing more than your own material gain so therefore you are indeed sinning. Not only that, if you DO help him get off and he commits the crime again you have aided him in doing so. I think that would make you an accomplice in God's eyes.
2007-01-15 06:27:49
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answer #6
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answered by Pamela 5
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I don't remember where, but doesn't the Bible say that if you don't do anything about someone doing wrong then you're basically partaking in that sin yourself? (I think it's in Proverbs, I'd have to go look.)
Since you are a Christian, maybe the answer to your question is in the definition of the word Christian. A Christian is not only someone who is born-again, but someone who is like Christ. Would Christ defend someone guilty of a crime? Forgive, yes, but defend in a court of law?
2007-01-15 06:20:49
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answer #7
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answered by irishharpist 4
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I believe he can keep a clean conscience so long as he follows the judicial system, and everything he presents in court is true.
In our judicial system, everyone is entitled to a defense, guilty or not guilty. Moreover, everyone is presumed innocent until proven guilty.
If a guilty man goes free, the judicial system should be faulted, not the attorney. The attorney has upheld the law and done his job according to the laws of the land.
2007-01-15 06:44:15
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answer #8
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answered by MyPreshus 7
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The judicial system described in the bible involves only the accusers(witnesses), the defendant and the judges. No advocate for either side are present. Therefore, there is no biblical concept of a prosecuting or defense attorney....or for lawyers at all.
2007-01-15 06:21:16
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answer #9
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answered by mzJakes 7
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Most societies are founded on a form of religion. The United States was essentially founded by those seeking to end religious persecution. I would have to agree with you.
As societies evolve, so does that society's faith and governess. Those that have moral character will do what they feel is right. I would be happy to be a defense attorny, defending those that are guilty, because it is the right, and moral, thing to do.
Your friend seems bitter. Good luck with that one.
2007-01-15 06:21:39
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answer #10
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answered by Culture Warrior 4
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