What should a defense attorney do if they know that their client is guilty?

Question

I'm not a DA, I'm a young, aspiring DA at the age of twelve. I thought of this question while playing the Nintendo DS game Phoenix Wright Ace Attorney.

Answer 1

Defend them or refuse the case. Even the guilty are entitled to a defense. I do not believe you can enter a plea of NOT GUILTY if you know (assuming admission to you in couseling)that the defendant is, in fact, guilty (with exception to by reason of... insanity, etc.)

My husband is a detective with a municipal police department and once asked a defense attorney how he sleeps at night. He replied same as you but in a much nicer house and a more expensive bed. I guess the message here is we each must establish and follow our own ethics and standards. My husband has chosen his.

Answer 2

Even if a defense attorney knows their client is guilty, it is there job to protect the legal interests of their clients. Even if the client plead guilty to something reallly bad, a good attorney would do the best plea bargaining to get their client the best deal they possibly could. If you think you can't handle that, don't be an attorney, or work agaisnt them as a district attorney. DA is the abbreviation for district attorney not defense attorney.

Answer 3

The defense attorney will NOT "know" that his or her client is guilty, because the defense attorney represents the client loooooong after the act occurred.

Now the defense attorney may review the evidence against his or her client, and conclude that the client is guilty. That is a good indicator that the client will lose at trial, and shoud try to work out a plea bargain.

Answer 4

The age-old question as to how can a lawyer defend, with a clear conscience, a client known to be guilty, has a simple answer. To wit: the lawyer forces the state to LEGALLY prove the client's guilt. He will not permit, for instance, the use of hearsay evidence, evidence obtained without a warrant, screwed up lab tests, etc. He will NOT knowingly permit his client to lie under oath. The other thing that defense counsel can do for a guilty client is to access his liability under the available evidence, and negotiate as favorable a sentence as possible. Hope this helps.

Answer 5

A defense attorney has the responsibility to defend their client to the best of their ability. Even accused people have rights and part of their lawyers job is to protect those rights. The defense lawyer must give the best defense he can, and while he may or may not know that his client is guilty, he is still required to do his best.
The prosecution will try to build a case to show that the defendant is absolutely guilty while the defense must prove that their client is innocent.
Innocent until proven guilty is nice if you still believe in the tooth fairy, but in real life, even the defense must prove innocence, or try to create a lot of reasonable doubt in the minds of the jurors.

Answer 6

A 'defense attorney' has the job of 'defending the innocence' of his client EVEN IF HE KNOWS THE CLIENT IS GUILTY ... and many do 'know' but most prefer not to be 'told' by their client because their job doesn't really REQUIRE knowing, and can be made more difficult if the client is 'known' to be guilty by the DA.

Answer 7

I am not a lawyer by any description, but here's my 2-cents.
The lawyer may know the client committed the act of which he(or she) is accused, but that person is not "guilty" in the eyes of the law until declared so by a court. Part of the process of the court system is determining whether actions by a defendant actually are criminal in nature. Just because somebody kills somebody, they are not automatically "guilty" of murder. The lawyer's job is to be sure that the client receives all available advantages in the law, to be treated fairly under the law.

Answer 8

A defense attorney has an obligation to ensure that his client has a fair trial. Even if he knows his client is guilty, he is still entitled to a fair trial under the Constitution. It is not the defense attorney's job to have his client acquitted.

Answer 9

Client / Attorney privilege. If a DA knows of his client'swrongdoing, it can not be administered into court as evidence. The case will be dismissed. So, to answer your question, nothing. He / She should do their job to the best of their ability. How does that look in the eye of God???

Answer 10

whether the person is guilty or not still must be proved by the state beyond a reasonable doubt. it is their job to put on the case. if your client wants to plead guilty (as most do) that's fine too.