Lawyers are not allowed to defend people they are not guilty?
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Lawyers are not allowed to defend people they are not guilty?
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I'm getting two different stories. One is that in some lawyer jobs, like for the state, lawyers have to defend people they know are not guilty. Then, I heard somewhere else that lawyers are not allowed to defend people they know who are guilty. So which is it?
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The title should read "Lawyers are not allowed to defend people they KNOW are GUILTY?"
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Shannon Says
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Our system of government gives a defendant in a criminal trial the right to counsel, that is, an attorney. All criminal defendants, even those who admit their guilt, are entitled to be represented by an attorney, regardless of their guilt.
The state typically has two types of attorneys. The state's attorney or district attorney (same job, different name, depending on the state in which you live), represents the city, state, or people in the criminal case. They represent the people who have an interest in the law not being broken. They are sensitive to the victims of crime (usually), but they do not directly represent the victims. In our system of government, the victim is actually a witness, rather than a party to a criminal case.
The public defender will represent indigent criminal defendants for free. The state pays to make sure that each criminal defendant is represented by an attorney throughout their legal process. This is true whether the defendant is innocent or guilty.
In fact, a criminal defense attorney, must continue to defend their client, even if he or she knows the client is guilty and further, the communication that the client shares with the attorney is considered confidential, so the attorney cannot divulge that information, with few exceptions.
I am not offering this as a legal opinion or as legal advice. If you need personal legal advice, I strongly recommend that you talk to an attorney.
Hope this helps. |
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somchy soon
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Defense lawyers can accept any case they want. Only when assigned a case by a court are they required to defend someone.
In selecting their cases they can use just about any criteria they choose. |
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LYN JOAN TJoanie
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The defense lawyer's job is to defend his/her client against the charge which has been brought against them. Whether they are innocent or guilty is really immaterial. |
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vimesfan01
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Lawyers can defend who ever they want.
By US law, everyone has the right to legal counsel. |
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Judy
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Not true. Lawyers aren't allowed to suborn perjury though. |
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Matt<<
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W... T... F
those two claims do not conflict each other. look:
Lawyers for the state must defend those who are reckoned or known to be non guilty, otherwise may not defend those who are deemed or known to be guilty.
=s unless uve worded something wrong then im confused |
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aggie
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Everyone guilty or not are entitled to a lawyer. I am not saying they get the best of their lawyers ability. But even the Innocent poor who depend on public pretenders are screwed. |
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deedee
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'Innocent until proven guilty"
Ok so every client has a right to an attorney.
They also have a right to be regarded as innocent until proven guilty.
EVERY LAWYER owes a duty to the court (this duty overrides the duty to the client) to represent the client in the interests of truth and justice.
There is indeed a privileged relationship between the lawyer and client.
If the lawyer thinks the client is guilty but has no reasonable basis for believing so, the lawyer must still defend the client.
If the client admits guilt to the lawyer, the lawyer cannot allow the client to plead 'not guilty' because that is going against the interests of truth and justice - the client would need to find another lawyer (and not admit guilt to that lawyer) if he/she wished to plead 'not guilty.'
If the client admits guilt to the lawyer but intends on pleading 'guilty', the lawyer can still represent the client. They just can't say 'he/she didn't do it'.. well, clearly, because they are pleading guilty.
Defending a client is not necessarily about getting the client off on a 'not guilty' charge... it can be about reducing the charge for whatever valid reason (eg. murder to manslaughter), it can be defending the client due to temporary insanity, automatism (note: insanity will still get punishment i.e. mental institution, but automatism will not as it does not have the mens rea to commit the crime and is an 'automatic act' outside the control of the person), and it can be about proving reasonable doubt to a jury - that the prosecution does not have enough evidence to prove that the client is guilty.
Hope this helps =] |
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vbv
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neither !!!! lawyers as the good liers they are can do whatever they want!!! they will always find a way |
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