“Your Honor, members of the jury, I am not here to defend criminals. I am here to uphold the Constitution.”
This is what every lawyer swears to do when they take their oath of office. And yet, we often see lawyers defending criminals in our courtrooms. Some people may wonder why a lawyer would want to defend someone who has committed a crime. The answer lies in the ethical dilemma that lawyers face: should they uphold the Constitution and provide a fair trial for all, even those accused of heinous crimes? Or should they only represent those clients who they believe are innocent?
When most people think of lawyers, they think of individuals who defend criminals. This is a common misconception. Lawyers are ethically obligated to provide the best defense possible for their clients, regardless of their crimes. In this blog post, we will take a closer look at the ethical dilemma that lawyers face when defending criminals. We will also discuss some of the reasons why lawyers choose to defend these individuals.
Why Lawyers Defend Criminals
Professional Obligation
It is the lawyer’s professional obligation to provide a defense for their client. This includes an ethical duty to zealous advocacy, which means that the lawyer must do everything within their power to defend their client. Even if the client is guilty, the lawyer is still obligated to provide them with a defense.
This can be a difficult ethical dilemma for lawyers because they may not personally agree with their client’s actions. However, they are still required to put aside their personal feelings and provide the best defense possible. It is up to the jury or judge to decide whether or not the defendant is guilty, not the lawyer.
Some people may question why lawyers would want to defend criminals if they know they are guilty. The answer is that it is the lawyer’s job to defend their client, regardless of their personal feelings. It is an ethical dilemma that lawyers must face in order to uphold their professional obligations.
A Matter of Principle: Fair Trial and Zealous Advocacy
Many people are quick to judge lawyers who defend criminals, but it is important to understand that there is a difference between criminal defense lawyers and the criminals they defend. Criminal defense lawyers have an ethical duty to their clients, which includes providing zealous advocacy on their behalf. This means that they must do everything within the bounds of the law to ensure that their client receives a fair trial.
In some cases, this may mean defending a person who is clearly guilty of a crime. However, it is important to remember that everyone is entitled to a fair trial, no matter how heinous their crime may be. This is one of the foundations upon which our justice system is built.
To prevent an innocent person from being convicted: Not everything is What it Seems
Take the case of a man who is accused of murdering his wife. The evidence against him is overwhelming. His lawyer knows that he is guilty, but also knows that there are mitigating circumstances that the jury will not be aware of.
The lawyer’s job is to present the best possible defense for his client, even if it means painting an unflattering picture of the victim. In this instance, the lawyer might try to convince the jury that the victim was abusive and that her death was accidental.
While some people may see this as morally reprehensible, it is important to remember that our justice system presumes innocence until guilt is proven beyond a reasonable doubt. It is the job of defense lawyers to ensure that their clients receive a fair trial, even if that means making the victim look bad.
Innocence is Based on Elements of A Crime
The first thing we need to understand is that in order for someone to be found guilty of a crime, the prosecution must prove beyond a reasonable doubt that the defendant is guilty of all the elements of that crime. For example, let’s say John Doe is charged with armed robbery.
In order for the prosecution to convict John, they would have to prove:
- That he took property from another person by force or threat of force;
- That he was armed with a deadly weapon at the time; and
- That he intended to permanently deprive the victim of their property.
If the prosecution can’t prove all three of those things beyond a reasonable doubt, then John Doe should be acquitted. Guilt, therefore, is not pegged on how damning the story and circumstances of the crime are but on whether or not the prosecution can prove, beyond a reasonable doubt, that the defendant is guilty of all the elements of the crime.
This is where defense lawyers come in. A good defense lawyer will poke holes in the prosecution’s case and try to create reasonable doubt as to one or more of those elements. For example, maybe John Doe didn’t have a weapon during the robbery; maybe he only intended to temporarily deprive the victim of their property, or maybe there’s another explanation for what happened that doesn’t involve John being guilty of armed robbery.
It’s important to remember that it is NOT the job of the defense lawyer to prove that their client is innocent; rather, it is their job to create enough reasonable doubt as to one or more of the elements of the crime that the jury will find their client not guilty.
So, when you ask why lawyers would defend criminals, remember that they are not necessarily defending guilt but are instead ensuring that justice is served by making sure the prosecution has to prove their case beyond a reasonable doubt.
To uphold the rule of law.
The rule of law is a cornerstone of our democracy. It is the principle that no one is above the law and that everyone is entitled to a fair trial. When lawyers defend criminals, they are upholding this principle. They are ensuring that their client receives a fair trial and that justice is served.
To ensure that the rights of the accused are protected.
Another reason why lawyers defend criminals is to protect the rights of the accused. Everyone has a right to a fair trial, regardless of whether they are guilty or innocent. By defending criminals, lawyers are ensuring that these rights are upheld.
Justice should not only be done but also be seen to be done, that procedural fairness is as important as substantive justice. This means that you must provide a fair trial for your clients, regardless of whether they are guilty or innocent. By defending criminals, you are ensuring that their rights are protected and that they have access to a fair trial. This is an important role that lawyers play in our society.
To prevent miscarriages of justice.
Miscarriages of justice occur when innocent people are convicted of crimes they did not commit. They can also occur when guilty people are not convicted of the crimes they did commit. By defending criminals, lawyers help to prevent both of these outcomes. They ensure that the right person is convicted and that innocent people are not wrongly punished.
The Danger of a Single Story: To give the accused a chance to tell their story
Oftentimes, when we think of criminals, we think of them as one-dimensional. We see them as monsters or animals who are beyond redemption. But the reality is that they are human beings with their own stories. By defending criminals, lawyers help to give them a voice and to tell their story. This allows us to see them as complex individuals and to understand the circumstances that led them to commit a crime.
When we only see criminals as one-dimensional, it is easy to demonize them and forget that they are human beings. By giving them a chance to tell their story, we can see them as complex individuals who deserve our empathy and compassion.
By allowing one not to be condemned unheard may unearth other facts and circumstances which may show the accused is not guilty:
Sometimes, when lawyers defend criminals, they uncover new evidence that shows their client is innocent. This can happen for a variety of reasons. Maybe the lawyer was able to find new witnesses who can attest to the defendant’s innocence. Or maybe the lawyer was able to find evidence that was overlooked by the prosecutor. Whatever the reason, when new evidence comes to light, it can change the outcome of a trial and lead to justice being served.
No matter what the reason, it is clear that lawyers have a difficult job. They must balance their professional obligations with their personal beliefs. It is a delicate balancing act that they must perform every day.
The Cab Rank Rule
The Cab Rank Rule is a rule that is followed by many lawyers. It states that a lawyer must accept any case that they are qualified to handle. This rule is designed to ensure that everyone has access to legal representation, regardless of their ability to pay.
This rule can be difficult for some lawyers to follow. They may not want to represent a criminal because they do not agree with their actions. However, they are ethically obligated to provide the best defense possible for their client.
It is important to remember that lawyers are not judges or jury members. They are advocates for their clients. It is their job to ensure that their clients receive a fair trial, regardless of the charges against them.
Lawyers play an important role in our justice system. They are the ones who ensure that everyone receives a fair trial. They are the ones who fight for the rights of the accused. They are the ones who provide a voice for those who have been wronged. It is a difficult and thankless job, but someone has to do it.
Origin of the Cab Rank Rule
The Cab Rank Rule is believed to have originated in England. It was first mentioned in a case called The Queen v. Kabealo, which was decided in 1873. In this case, the court held that a lawyer must accept any case that they are qualified to handle. This rule is still followed by many lawyers today.
In that case, cabs were required to take passengers in the order that they arrived. This rule ensured that everyone had access to transportation, regardless of their ability to pay. The Cab Rank Rule is similar in that it ensures that everyone has access to legal representation, regardless of their ability to pay.
The Cab Rank Rule is an important part of our justice system. It ensures that everyone has access to legal representation, regardless of their ability to pay. It is a difficult rule to follow, but it is one that lawyers must uphold.
While the Cab Rank Rule is an important rule, it is not without its critics. Some people believe that this rule prevents lawyers from using their discretion when choosing cases. They believe that this rule forces lawyers to accept cases that they would otherwise not want to handle.
Critics of the Cab Rank Rule argue that it prevents lawyers from using their discretion when choosing cases. They believe that this rule forces lawyers to accept cases that they would otherwise not want to handle. However, the Cab Rank Rule is still followed by many lawyers today.
Advantages of the Cab Rank Rule
- The main advantage of the Cab Rank Rule is that it ensures that everyone has access to legal representation, regardless of their ability to pay. This is particularly important in criminal cases, where the stakes are high and defendants may not be able to afford a private lawyer. The rule also helps to ensure that lawyers do not pick and choose their clients based on personal preferences or biases.
- Another advantage of the rule is that it encourages lawyers to be independent and impartial. When representing a client, a lawyer must put aside their own personal beliefs and advocate for their client’s interests, even if they disagree with them. This can be difficult, but it is an important part of the job.
- Finally, the Cab Rank Rule helps to maintain the public’s trust in the legal profession. If people believe that lawyers are only representing clients who can pay them, they may lose faith in the system. The rule helps to show that lawyers are committed to justice and equality, even if it means representing someone who is accused of a crime.
Disadvantages of the Cab Rank Rule
- One is that it can be hard for lawyers to turn down work, even if they have ethical concerns about the case. This can lead to burnout and compassion fatigue.
- Another disadvantage is that the rule does not allow for much flexibility when it comes to choosing cases. Lawyers may want to take on a case because they believe it is important, but they cannot do so if another client is ahead of them in the queue.
- Finally, the Cab Rank Rule can sometimes result in lawyers taking on cases they are not prepared for. This can be dangerous, both for the lawyer and for their client. If a lawyer is not familiar with a particular area of law, they may make mistakes that could have serious consequences.
The Cab Rank Rule is an important part of the legal profession, but it is not without its drawbacks. It is up to each individual lawyer to decide whether or not the rule is right for them. Some may find that it helps them to serve their clients better, while others may feel that it puts too much pressure on them. Whatever their decision, lawyers should always remember that they have a duty to their clients and to the justice system.
Do Lawyers Have a Choice?
In most cases, lawyers do have a choice when it comes to taking on a case. They can use their discretion to decide whether or not they want to represent a particular client. However, there are some situations where they may not have a choice.
For example, if a lawyer is assigned to a case through the public defender’s office, they may not be able to refuse it. This is because the public defender’s office represents defendants who cannot afford to hire their own lawyer.
Similarly, if a lawyer is appointed by the court to represent a defendant, they may not be able to turn down the case. This is because the court has the authority to appoint lawyers in criminal cases, and defendants have a right to legal representation.
Finally, if a lawyer is a member of a panel of lawyers who take on criminal cases, they may not be able to refuse a case. This is because the panel is usually chosen by the court, and members are typically required to take on any case that is assigned to them.
While lawyers do have some choice in whether or not they want to represent a particular client, there are some situations where they may not be able to refuse a case. In these situations, the lawyer must decide whether or not they are willing to represent the client.
Some lawyers may feel that it is their duty to represent anyone who needs legal help, regardless of the circumstances. Others may feel that they only want to represent clients who they believe are innocent.
Whatever a lawyer’s personal beliefs may be, they must always remember that their first duty is to their client. They must provide their client with the best possible representation, regardless of their own personal feelings about the case.
Can Your Lawyer Set You Up Based on What You Shared? The Attorney-Client Privilege
If you are facing criminal charges, it is important to remember that anything you say to your lawyer is protected by the attorney-client privilege. This means that your lawyer cannot be forced to testify against you in court.
There are some exceptions to this rule, however. For example, if you tell your lawyer that you are planning to commit a crime in the future, they may have a duty to warn potential victims. Additionally, if you confess to a crime that has already been committed, your lawyer may have a duty to report it to the authorities.
Attorney-client privilege is an important part of the legal system, and it is vital that defendants understand how it works. If you are facing criminal charges, make sure to speak to your lawyer about what you can and cannot say.
This is an important question that many people face when they are charged with a crime. It is understandable to want to confide in somebody during this difficult time, but it is important to remember that anything you say to your lawyer is protected by the attorney-client privilege. This means that your lawyer cannot be forced to testify against you in court.
The Relationship Between Truth and Justice
“The lawyer’s truth is not Truth with a capital T but it is the truth as best as the lawyer can determine it to be from his or her client’s perspective.”
Sandra Day O’Connor
Many people are quick to judge lawyers who defend criminals. They see it as a betrayal of justice. How can someone who has taken an oath to uphold the law, defend someone who has broken it? The answer lies in our system of justice.
Our system is not perfect, but it is the best that we have. And part of that system is the presumption of innocence. Everyone is innocent until proven guilty beyond a reasonable doubt. It does not matter if the person being accused is nice or not, what matters is whether the prosecution can prove their guilt.
This is where lawyers come in. It is the job of the defense lawyer to make sure that their client receives a fair trial. They do this by making sure that the prosecution follows the rules and does not violate their client’s rights.
It is not always easy to defend someone who has been accused of a crime. It can be emotionally draining and difficult to see someone you know be convicted of something they may not have done. But it is important work. And it is important to remember that everyone deserves a fair trial, no matter how heinous the crime may appear to be.
The Justice System is not a Journey in Pursuit of The Truth
“The truth is that the justice system in this country is not set up to find out what happened. It’s set up to find out if the government can prove what they say happened.”
-Bryan Stevenson
Our justice system is not designed to find the truth. It is designed to find whether the prosecution can prove their case beyond a reasonable doubt. This means that there will always be some uncertainty about what really happened.
This can be difficult to accept, but it is an important part of our system. It ensures that people are not convicted based on speculation or guesswork. And it gives people accused of crimes a fighting chance.
For that reason, the justice system is set in such a way that criminal liability and guild therefore is not pegged on the truth but set standards and processes whose adherence speaks to “legitimate expectation – That the “criminal” is aware of the law and its substantive and procedural prescriptions before its operationalization.
Our laws and criminal process operate on the basis of elements of a crime and the burden of proof satisfaction of which leads to a conviction and lack of which leads to either an acquittal of the guild of a lesser crime and/or offense.
Can a Lawyer Lie on Behalf of a Client?
“A lawyer should use the law’s procedures only for legitimate means to achieve just ends.”
ABA Model Rules of Professional Conduct
Many people assume that lawyers are allowed to lie on behalf of their clients. This is not true. Lawyers are bound by the rules of professional conduct. They cannot make false statements or withhold information that they know to be true.
However, there is a difference between lying and zealous advocacy. Zealous advocacy is when a lawyer vigorously defends their client’s position, even if they do not personally believe it to be true.
This can be a difficult line to walk, but it is an important part of our system. It ensures that people accused of crimes have someone fighting for them, even if the odds are against them.
What does a lawyer do if they know their client is lying?
If a lawyer knows that their client is lying, they have a few options. They can try to talk their client out of it, they can withdraw from the case, or they can go to the court and tell the judge what is happening.
It is not easy to be in this situation, but it is important to remember that the lawyer’s first duty is to the court, not the client.
This means that if a lawyer knows that their client is lying, they have a responsibility to tell the court. It is up to the judge to decide what to do with this information, but it is important for the lawyer to make sure that the court has all of the information necessary to make a fair decision.
While it is not an easy decision, a lawyer has to choose what is right for them. If they cannot in good conscience continue to represent the client, they may have to withdraw from the case.
This can be a difficult situation for both the lawyer and the client, but it is important to remember that the lawyer’s first duty is to the court. The client’s wishes are secondary.
The best thing a lawyer can do if they know their client is lying is to talk to them about it. Many times, clients will lie because they are afraid or they think it will help their case.
A lawyer can try to talk them out of it and explain how it could hurt their case in the long run. Sometimes, this is enough to get the client to change their mind.
The 5th Amendment – The Right and Protection from Self Incrimination
The amendment reads: “No person … shall be compelled in any criminal case to be a witness against himself.”
This protection has two components, the right to remain silent and the right to have an attorney present during questioning by law enforcement. The Fifth Amendment privilege against self-incrimination is applicable only when an individual is subject to custodial interrogation.
The Fifth Amendment protects citizens from being forced to incriminate themselves in a crime. This means that if you are questioned by the police about a crime, you have the right to remain silent and you cannot be forced to answer questions or give evidence against yourself. In addition, if you are charged with a crime, you have the right to have an attorney present during any questioning by the police.
The Fifth Amendment to the United States Constitution protects citizens from self-incrimination. This amendment states that “No person … shall be compelled in any criminal case to be a witness against himself.” This protection has two components: the right to remain silent and the right to have an attorney present during questioning by law enforcement.
The Fifth Amendment privilege against self-incrimination is applicable only when an individual is subject to custodial interrogation. This means that if you are questioned by the police about a crime, you have the right to remain silent and you cannot be forced to answer questions or give evidence against yourself. In addition, if you are charged with a crime, you have the right to have an attorney present during any questioning by the police.
The Fifth Amendment to the United States Constitution is a critical part of our criminal justice system, as it protects citizens from self-incrimination. If you are ever questioned by the police about a crime, remember that you have the right to remain silent and to have an attorney present. Do not give up your Fifth Amendment rights, as they are vital to protecting your innocence.
Conclusion
Many people view the criminal justice system as a black and white issue. You are either innocent or guilty, and there is no in-between. However, lawyers know that the world is not always so simple. There are many cases where the accused is not necessarily innocent, but they may have been wrongfully accused, or there may be extenuating circumstances that led to their crime. In these cases, it is the job of the defense attorney to ensure that their client receives a fair trial. It can be a difficult and controversial position to take, but ultimately it is an important part of our justice system.
So, why do lawyers defend criminals? It’s not always because they believe their client is innocent. Sometimes it’s because they believe everyone deserves a fair trial, no matter how heinous the crime. Other times, it’s simply because they’re being paid to do so. Whatever the reason, it’s clear that there is a lot of ethical gray area when it comes to criminal defense law. What do you think? Let us know in the comments below. Thanks for reading!