If you were a Criminal Attorney, would you defend somebody that you KNOW is guilty of a vicious rape?
2007-06-23 11:16:07 · 9 answers · asked by ♫Problem Child♫ 7 in Politics & Government ➔ Law & Ethics
My wife is a lawyer (in the UK they're called solicitors). She's defended many criminals in her career - including murderers and child sex offenders.
There are two principles here:-
1. you are NOT permitted to defend a criminal you KNOW to be guilty (i.e. one who has confessed to you that they are guilty). This is termed "professional embarrassment" and the lawyer is obliged to drop the case and insist that the defendant instruct another lawyer who is unaware of the person's guilt. A lawyer found to have defended a client they knew to be guilty would be committing a serious breach of professional conduct and subject to disciplinary action by the Law Society, which might include a hefty fine or even being struck off.
2. even with cases where the defendant MAY be guilty it is important to realise that the only way they are ever going to be convicted is if they have a fair trial. This means they MUST be defended unless they choose to defend themselves. It is then up to the prosecution to prove the case.
You can't put rapists, murderers, sex offenders or anyone else in jail unless they have been found guilty in a fair trial - which means that SOMEONE must defend them.
No fair trial means they walk free.
2007-06-23 11:19:45 · answer #1 · answered by Anonymous · 0⤊ 0⤋
It would be a hard thing to do and I don't think I could bring myself to do it! I know a few yrs ago one of the classes my hubby took for his degree was ethics in crime and justice. There were similar questions they were asked. I could not believe some of the things that we being on the outside could not have rights to, but those criminals being on the inside had the rights to. It is sad but they have more rights than the victim. So I would say that in my seat I sit in right now, I could not do it. Just for the simple fact I would rather beat them myself than represent them!
2007-06-24 06:08:06 · answer #2 · answered by Daisymay3 2 · 1⤊ 0⤋
As a lawyer, you never ask your client if they did it. Otherwise, if there is potential evidence that would create a doubt in a jury's mind, then it is your duty, if you are competent to handle such a case (and assuming the defendant can pay your fee) to represent that person.
EVERYONE is entitled to legal representation.
2007-06-23 11:20:48 · answer #3 · answered by deerslyr_71 3 · 1⤊ 0⤋
That's the thing that makes me not want to be a lawyer. But there could be many things behind it but if he just did it for doing it and if i wasn't money greedy i would not defend him or her
2007-06-23 11:19:58 · answer #4 · answered by Gkim 1 · 0⤊ 0⤋
Everyone is entitled to due process. The prosecution still must be required to prove their case even if we do "know".
2007-06-23 14:41:38 · answer #5 · answered by YBMEUBU 3 · 0⤊ 1⤋
No, that is unethical (but I'm not a lawyer)!
2007-06-23 11:19:27 · answer #6 · answered by cajuncalli 2 · 1⤊ 0⤋
no it would just be a waste of $$$$$$$$$
2007-06-23 11:18:07 · answer #7 · answered by Jonathan G 2 · 0⤊ 0⤋
that would be my job, and my duty.
2007-06-23 11:23:26 · answer #8 · answered by thevillageidiotxxxx 4 · 0⤊ 1⤋
NO ! ! !
2007-06-23 11:21:39 · answer #9 · answered by Anonymous · 0⤊ 0⤋