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In this case, the prosecutor was clearly wrong. But what is the flip side of this? If the client admits to the defense that he's guilty, are they bound to def
by jamesfe 11y ago
In this case, the prosecutor was clearly wrong. But what is the flip side of this? If the client admits to the defense that he's guilty, are they bound to defend him, knowing that they're already in the wrong?
- eyci 11y agoInteresting point - although it's not really symmetrical. For example, Blackstone's formulation - "It is better that ten guilty persons escape than that one innocent suffer". In addition, prosecutors are presumably held to a higher standard than defense lawyers, since they are state employees and are bound to act in the public interest.
- jccc 11y agoWho is the defense attorney to judge the client guilty or innocent? Maybe the client's insane, maybe the damning evidence the attorney's seen is compelling but incomplete or misleading. We defer to the process for a reason. And human nature being what it is, that process is built on a presumption of innocence.
- AaronM 11y agoYes, IANAL, but they would look for their client to get off on a technicality rather than being innocent