2007-08-03 02:38:59 · 9 answers · asked by shaheer 2 in Politics & Government ➔ Law & Ethics
Well, you got some interesting answers, but what if the court appoints you (I'm an attorney) to represent a defendant, which happens to me several times a year? I do not have the power to tell the court I won't do it because the client is guilty. It violates the Rules of Ethics for me to disclose what a client tells me. Also, even a guilty person is entitled to a fair trial. If you use the logic of some of answers, criminal defendants wouldn't get an attorney. What about the defendant who confesses? They still have a right to a fair sentence. I am suspicious of an answer that comes from the point of view of a prosecutor--and I do prosecutions for a county. You are asking about a basic Constitutional right that also involves the oath we attorneys take before we can practice law. We swear we will not refuse a client because of personal bias--plus, as noted--I don't have the option of saying "no" to a Judge.
2007-08-03 03:12:46 · answer #1 · answered by David M 7 · 3⤊ 0⤋
Sure. Lawyers are needed to ensure that people get fair trials or at least representation in the court of law. I personally think that if you are truly guilty of some real hanous crime, more times than not, you will be convicted and all the attorney can do often times is lessen the sentence by plea bargain. But yes, i do think they should. It's not an easy thing to do sometimes, but even people who mess up need representation.
2007-08-03 02:48:26 · answer #2 · answered by trapper 3 · 2⤊ 0⤋
Yes. Most cases are not black and white, guilty or not. Its more of a matter of who is more guilty. For thoes cases where it is a matter of the defendant being guilty, the lawer can and will fight to get them the help they need rather than locking them up and throwing away the key.
2007-08-03 02:49:20 · answer #3 · answered by Anonymous · 2⤊ 0⤋
A lawyers responsibility is to work with their client in Client's best interests according to their legal rights. A lawyer cannot tell a client their opinion and what they should do, unless it providing legal advice on their specific situation in their best interest.
Now, that being said, a lawyer can choose to work with a client or not. It is up to them. If a lawyer chooses to work with a person he/she feels is guilty, the lawyer cannot allow his/her own opinion cloud their responsibility in protecting their client.
2007-08-03 02:47:30 · answer #4 · answered by Erica, AKA Stretch 6 · 1⤊ 1⤋
Ethically a lawyer SHOULD NOT take a case where he/she feels his/her potential client is guilty, this could impede his LEGAL OBLIGATION to defend his client rigorously. That is just my opinion. It is also something we are discussing in my advanced Law and Ethics class and my fellow classmates pretty much feel the same way as does our Prof who is a widely respected DA in Illinois.
2007-08-03 02:46:36 · answer #5 · answered by Faye Prudence 3 · 1⤊ 2⤋
on your situation, it potential that the Prosecution did no longer have a solid adequate case to convict, wherein case they met their burden. what's unethical approximately that? basically given which you "be responsive to" somebody is accountable, does no longer propose you may coach it. Had the prosecution had adequate info to teach its case, then the guy could have been convicted. additionally, court do no longer verify guilt or innocence. you're the two discovered accountable or no longer-accountable. no longer-accountable has a very diverse which potential from harmless. It does no longer propose which you have been shown harmless, it potential that the prosecution did no longer meet its burden of info for guilt. The shape guarentees each and every person a legal expert to assist of their protection. it may actual be greater-unethical to allow human beings face trial without legal expert, because it forces them to shelter themselves against a incredibly experienced legal expert representing the state. without awareness of the court gadget, its close to impossible to workout each and every legal suitable on your guy or woman protection.
2016-11-11 02:39:19 · answer #6 · answered by ? 4 · 0⤊ 0⤋
Absolutely not. How could he present a good defense for a man he feels is guilty? NO!!!
2007-08-03 02:43:22 · answer #7 · answered by Anonymous · 1⤊ 1⤋
Why not?
Remember O J Simpson?
2007-08-03 02:43:17 · answer #8 · answered by ed 7 · 2⤊ 0⤋
i dont think he should.
2007-08-03 02:43:16 · answer #9 · answered by Anonymous · 1⤊ 1⤋