Vandalshandle
Gold Member
I have not only read your link but I'm familiar with the adversarial position argument. For a defense attorney not to offer his client the best defense he can provide is unethical. It is not the job of defense attorneys to decide on the guilt or innocence of their client. If he or she believes a client is guilty and offers less than a best effort defense, then the attorney is not only robbing the client of a fair trial but is taking the decision of guilt or innocent away from the jury. The only way our judicial works is if both the prosecution and the defense do their best to prosecute or defend the accused, leaving the decision of guilt or innocents to the jury.Had you read the entire article you'd know the answer to that question.So are you saying she should have refused to defend the person?Wrong. Read up. Ethics is obviously not your forte', Flopper.Defense attorneys are ethically and legally bound to zealously represent all clients, the guilty as well as the innocent. It matters not how terrible the crime nor the belief of the attorney in the guilt or innocent of the accused. As Sir Thomas Moore said before going to the scaffold, "I'd give the devil the benefit of law, for mine own safety's sake." A vigorous defense is necessary to protect the innocent and to ensure that judges and citizens and not the police have the ultimate power to decide who is guilty of a crime.
http://www.lsuc.on.ca/media/sith_colloquium_asimow_michael.pdf
Everything you assume is wrong. I have a Juris Doctorate from one of the best law schools in the State of Florida and what I told you is what I was taught, which is: The duty to aggressively defend a client does not include lying in court. Lying in court is a violation of the Code of Ethical Conduct for attorneys and judges and can result in punishment. Most attorneys get away with lying because no one finds out about it. Hillary was just plain stupid for admitting she knew her client was guilty.
PS: Here is a link for you. I gave you the first one I found because I don't have that much sand at the top of the hourglass and am not going to waste my time convincing you of what I know to be true.
Lawyer Thinks Client is Guilty: Does It Matter? Criminal Law Process | Nolo.com
As a defense attorney, I may "know" that my client is guilty, but it is the prosecutor who must prove it, and I will throw out every legal roadblock available to me to keep him from doing so. In the meantime, I will still sleep at night, because I am really defending the law. If the prosecutor is a better attorney than I am, he will probably prevail. If not, he will not prevail, and that is his problem, not mine.
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