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And I don't mean the ones that are innocent until proven guilty. I'm talking about the ones that obviously committed a crime and lawyers are trying to help them out. I think the lawyers are just as bad as the criminals.

2007-08-11 16:43:46 · 14 answers · asked by Hello_Hello 2 in Politics & Government Law & Ethics

For example....if someone murders a person and there is solid proof (video, pcitures, etc.), lawyers shouldn't protect them or try to get them a more lenient punishment. A life was taken on purpose...that person should suffer. If harsher punishments were carried out, less crimes would occur.

2007-08-11 17:15:01 · update #1

It's like Osama bin Laden getting a lawyer in court! Ridiculous.

2007-08-11 17:19:49 · update #2

14 answers

Your question as stated makes a biased assumption that is simply untrue on its face. If you are not a U.S. citizen your confusion is more understandable although in the U.S. many uninformed persons also hold your viewpoint (at least until they find themselves, a child or a loved one accused of a crime).

First, what is obvious to you may in fact be completely wrong. Second, the U.S. Constitution provides basic rights to those accused of a crime.

You present the normal argument often heard that if a person has been arrested for committing a crime, where is the need to defend him or her? Is there really a case for proving that person not guilty of the offense committed when a major part of the evidence suggests that the crime has been committed by that person? In this context, the role of a defense lawyer is often suspect. He or she becomes a person who seems to be protecting the accused or even trying to set that person free by producing evidence that contradicts what the prosecution has presented before a court of law.

However, it is important to remember that a defense lawyer plays a very significant role in the judicial system because otherwise every accused person would be straightaway sentenced to imprisonment or death without being given a fair chance of hearing, that being the fundamental right of every person, whether a criminal or not in the United States (which is unusual comared to many other countries in which the accused is presumed guilty until proven innocent - a much more difficult position). The absence of a defense lawyer would then lead to providing the judiciary and the police with unlimited power because anyone could be proved a criminal and sentenced without a trial.

So what is the role of a criminal defense attorney? He or she will hire investigators and check the truth of the case to verify if the accused is really guilty of the crime. If the crime has been committed, he will formulate sentencing programs tailored to a client’s specific needs, often helping defendants avoid future brushes with the criminal justice system. But first and foremost, he is the only person who can provide the accused with a knowledgeable and objective perspective on the situation and what is likely to happen should the case go to trial.

This information is absolutely vital for defendants trying to decide whether to accept a prosecutor’s offer of a “plea bargain.” This is important because there are many hidden implementations of pleading guilty which a self-represented defendant might never think about. A defense lawyer has the responsibility of defending a legal system that guarantees the presumption of innocence and every citizen’s right to equal protection under the law. Thus, what Thomas Jefferson said more than 200 years ago applies today too – that trial by jury is the anchor of all of our liberties.

2007-08-14 17:36:20 · answer #1 · answered by ? 6 · 1 0

1

2016-06-10 02:57:44 · answer #2 · answered by Lillie 3 · 1 0

To simplify things, in the court of law people who couldn't afford a lawyer the court will appoint one regardless whether the person is guilty or not. That is the principle of the law to provide the rights of the accuse and represent him in court. Even if he is the one who killed the victim, the burden of proof lies in the prosecutor to prove to the court and since you are in the States, to the jury that the defendant is guilty and should be punished. He should present an overwhelming evidence that the defendant willfully and deliverately killed the victim.

Yes you may think so too that the lawyers, especially those defending wealthy and influential client, are bad as the criminals too. We have the same opinion on that but let this not mislead you on believe that all lawyers are the same. It is like a bunch of apples in a basket not all are rotten to the core. There are still lawyers out there who one way or another, follow his heart not his instinct. If he feels that his client is guilty from the very start he should ask the court to plead the least sentence for his client, if the sentence is 10 years, they plead guilty and ask for 6 years imprisonment lesser than the maximum since his client pleaded guilty on the charges. Instead of battle it out in court were the truth will prevail anyway.

Lawyers are your better half inside the court, he or she do the talking instead of you defending yourself. The misconception of the word PROTECT criminals is a misnomer. They donot 'protect' them but defend them as honestly if you could compound that word to that to their best ability. That is why before the trial comes, the defendant is ask honestly by his/her lawyer if he done the crime charges against him, obviously he will say to his or her lawyer, he is innocent as the day he was born. Baloney you might say but it is usually the statement of every charge individual. Rarely does any one admit their crimes. It is up to the defending lawyer to dig deeper or trust his instinct if his client is as guilty as hell, and some lawyers if they found out the truth they resigned as the counsel of that client, which the court donot normally allowed. Have you watch the movie MURDERS OF CROW(Gooding Jr/Berrenger), maybe it will change your mind about lawyers.

2007-08-11 23:07:41 · answer #3 · answered by Anonymous · 1 0

I think you are just as bad as the police.

You have a misconception about criminal lawyers in relation to in which ways they represent criminals.

You are only certain if someone is so obviously guilty once they have pleaded guilty or proven guilty. At that point the person will sentenced to a term of imprisonment and it is a lawyers job to try to ensure that the person is not given the maximum tariff for the crime they committed, especially if it is a petty crime.

If there is evidence to suggest that the person is guilty, the person is advised to plead guilty.

The only protection that goes on from a laywer is when the person is being treated not in accordance with the law. For example, a person accused of theft of a loaf of bread is sentenced to 10years custody. Or a person arrested for assault is kept in police custody for 3 weeks without charge and is beaten up by police for the whole period!

It's all about dealing with people in accordance with the law and NOT protecting them from punishment.

2007-08-11 17:04:47 · answer #4 · answered by Just me 4 · 3 0

it is said that let hundreds of criminals escape,but not a single innocent should be sentenced ! so it is the duty of lawyers to defend criminals.
even though a person has done a crime,if there is a clue or technical point that shows that the person has not breached any law,then he will be freed.
so technically that person does not become criminal.
and it being a profession lawyers have to defend and find clues for criminals.it also is helpful for finding loop holes in law.

2007-08-11 17:02:44 · answer #5 · answered by sanjay007 1 · 2 0

There are 2 sides the prosecution and the defense. Each side has an attorney.. so one is good and one is bad?

Lawyers on either side are charged with a job.. one is to prosecute while the other is to defend. Our courts are set on the premise that all people are innocent until proven guilty.. and when a loophole or lack of evidence or swiftness of one attorney over the other.. well, some guilty go free. This is not a perfect system; however it is the best one we've got. Please let me know your solution.. in full detail.

I wish you well!

2007-08-11 16:50:42 · answer #6 · answered by 343 Remember 3 · 3 0

Just think what would have happened to the "Duke rape case" boys if they hadn't had lawyers!
Everyone just "knew" that they were guilty! Now look whats happened....a crooked DA is brought down in flames, the accuser's past is out in the open....she has done this before!
Like the other posters say, we are innocent until PROVEN guilty....and we need lawyers to defend us until a jury comes back with a "guilty" verdict.

2007-08-11 17:19:35 · answer #7 · answered by jonn449 6 · 3 0

The lawyers job is to make sure that the bastard criminal's civil rights are not violated. That that piece of trash in court is not denied a fair and unbiased trial. That the worthless piece of human flesh is treated fairly (a victim of the system), and with respect and fairness regardless of how the actual victim was treated by the defendant. Besides, a murder victim is now a non person.

2007-08-11 16:54:59 · answer #8 · answered by Tinman12 6 · 0 2

Everyone accused of a crime is assumed innocent until proven guilty and therefore entitled to representation by a lawyer.

Besides, who are you to say someone is obviously guilty? That's the juries job.

2007-08-11 16:48:52 · answer #9 · answered by bestonnet_00 7 · 3 0

in our system of justice, a person is innocent until proven guilty in a court of law. we have the right to remain silent, and we have the right to an attorney. if we cannot afford one, one will be appointed to us. these are our right under the constitution. lawyers are officers of the court, and they are required to put up the best defense possible for their client. as slimy as lawyers can seem to be, they do have the training needed to fight for you in court. and dont forget that lawyers can be sued if they dont put up the best possible defense for their clients, even if the state is picking up the tab.

2007-08-11 17:02:27 · answer #10 · answered by richard b 6 · 1 0

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