Why criminal defence lawyers defend the guilty
Regardless of guilt or innocence, the best criminal defence attorneys represent people accused of crimes. The morality of defending someone who is charged with a crime is frequently misunderstood. But, in order to protect a person’s constitutional rights, it is crucial to give them a fair and just trial when a criminal case is successfully resolved.
Everybody has the right to legal representation and defence, as stipulated by federal law and state constitutions. The following factors make this fundamental right crucial: there seems to be a belief that a criminal defence lawyer in Lahore employs legal loopholes or technical arguments to relieve people who are allegedly guilty of crimes. Additionally, there is a widespread belief in society that the majority of accused criminals are facing serious charges like sexual offences or murder.
Historical Perspective
It’s a classic query. Public opinion turns against the attorneys who represented scoundrels in high-profile situations where they are defended in court and found not guilty. Alternatively, there is typically a negative public response when someone is found guilty and their attorney has been actively defending them despite knowing all along. An excellent illustration of this is the case of Stephen Feldman, a California attorney who represented David Westerfield, who was found guilty of killing a seven-year-old child.
What Does Guilty Actually Mean?
There is a distinction made in court between “factual guilt” and “legal guilt.” The question of whether you are truly guilty—not “factual guilt”—is being debated during your trial. Legal culpability is what’s being discussed at trial: can the prosecution provide sufficient proof to establish the allegations against you “beyond a reasonable doubt”?
The majority of criminal defence attorneys will not inquire as to whether you are truly “guilty” because it is irrelevant to the case. Furthermore, it is not their responsibility to learn. It is their responsibility to present a reasonable defence for you. Their role, as one lawyer stated, is to “keep the system honest.” Because of the way our legal system is set up, the court—judges and juries—identifies those who are accountable. The gavel is held by judges, not attorneys.
Put Yourself in The Show
Take a moment to imagine yourself in the position of any defendant. Suppose you’ve found yourself in a legal tangle, you’ve been accused of a crime, and you have a lawyer on your side to defend you. Even though you may not be guilty of the specific crime you are being accused of, you know deep down that you have done something wrong. Naturally, you would like not to get the harsh penalty that the prosecution is requesting.
Ask these Questions Before the Lawyer
Two questions will cross your mind before you build trust with your attorney:
- Is your attorney of the opinion that you committed the crime?
- Can your lawyer put aside their view on your guilt or innocence and still successfully defend you?
The majority of criminal attorneys will tell you that the first question is irrelevant. Most people aren’t even interested in what you did. It is not the role of a lawyer to determine guilt. The second real question is whether the attorney can adequately defend you. This is because a lawyer’s primary responsibility is to present a strong defence for the offence you are facing. Finding a lawyer who takes their legal responsibilities seriously and will make every effort to present a strong defence in your favour is therefore crucial when looking for criminal defence counsel.
How is it possible for a criminal defence attorney to defend someone they believe to be guilty?
The remedy is twofold. There must be a distinction between “legal guilt” and “factual guilt.” Secondly, attorneys are required by law to fulfil their obligations to their clients.
A Review of Trial
A criminal defence attorney’s role is to protect you against the charges that are brought against you. All that is required to file charges is “probable cause” that you may have committed the offence. It is the prosecutor’s responsibility to establish your guilt of the offence you are facing “beyond a reasonable doubt” throughout the trial.
If the Answer is revealed
One crucial need for this problem is that, even if a client confesses “guilt” to their attorney, the attorney may never be absolutely positive of the client’s guilt. Other circumstances can be at work, or the client might be lying to cover up for someone else.
Concluding Up The Blog
To ensure that the best criminal defence lawyers are honest, there exist rules that prohibit them from lying if they are aware of information about their client’s legal guilt or providing evidence that they know to be untrue. However, contact between lawyers and clients is protected by attorney-client privilege. The important thing to keep in mind is that determining actual guilt is not the lawyer’s responsibility. This is decided by the court.
- Why criminal defence lawyers defend the guilty
- Discover why criminal defence lawyers represent guilty clients and how legal guilt differs from factual guilt. Learn the ethical duties and justice principles behind their role.
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