To: GSWarrior
uh..I'm certainly not a lawyer, but what would be the correct course of action if a defense attorney knows his client is guilty, but also knows that the prosecutors don't have enough evidence, or have somehow skirted the rights of the accused?
Well, of course the first issue is how does the lawyer "know" his client is guilty. However, that question aside, the lawyer is duty-bound to provide the best possible defense for his client. If he is not capable of doing so for any reason whatsoever, he must pass on the case and recuse himself. This is relatively rare, but it happens - sometimes even in the middle of a trial. Once in a while, a lawyer will recuse himself because he knows that his client is about to give false testimony, and although the lawyer must advocate for his client, he can't do so using illegal methods. It puts everyone in an awkward position - the lawyer can't explain why he is dropping the case without betraying lawyer-client confidentiality, so he usually can't say anything. Although when a lawyer drops out suddenly in the middle of a case, everyone kinda suspects what is going on...
To: Stone Mountain
"If he is not capable of doing so for any reason whatsoever...."I think this goes to O'Reilly's point. We make choices, for good or evil. He said he wouldn't do it. Neither would I.
39 posted on
07/25/2002 2:17:19 PM PDT by
onedoug
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