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To: Lazlo in PA; ProtectOurFreedom
Everyone deserves a defense thanks to the 6th Amendment. In some situations there is no defense, like this one. That does not mean that the Attorney should not give one.

Yep. Every defense attorney is obligated by professional conduct to provide a defense, even one that's totally absurd. If they don't defend their client, any guilty verdict could be thrown out for ineffective counsel. Nobody wants a retrial (except, perhaps, the defendant). In this way, a competent defense attorney actually aids the prosecution in reaching a verdict that will stand up under appeal. This is why the defense attorney will throw everything against the wall and see what sticks, no matter how ridiculous.

From the outside it looks like a mockery of justice but there's good reason for it. Most of the time it works. A good prosecutor will do his job and prove a truly guilty defendant guilty and because the defendant was adequately represented, this verdict has a better chance to remain in place.

103 posted on 02/05/2011 10:52:53 AM PST by Gena Bukin
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To: Gena Bukin

Good point. I forgot about the fact of a poor defense can lead in a dismissal or retrial.


104 posted on 02/05/2011 11:04:24 AM PST by Lazlo in PA (Now living in a newly minted Red State.)
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