Can a defense attorney be charged if ( he or she ) win a skin,knowing that they are guilty of a capitol crime?
a man is defended and found not guilty ( for what ever reason ) of murdering a child,and that child is found to have be bound and buried alive,and the lawyer know's he is guilty but still defends him beside all his ability and win,is that lawyer guilty of a crime or is he bound by law to turn over this evidence to the authorites?
Answers:
Happens all the time...look at OJ.did his lawyers acquire convicted.
Hell no who do you think write the damn law, lawyers. that is how they attain your money if you are poor you get a public defender and they are the morons of the profession you might as in good health kiss your azz goodbye. If you are rich you will almost never go to prison, OJ, Ken Lay, Robert Blake, etc. In the rare covering if you have to like Martha Stewart it will be a country club prison beside tennis courts, and a chef.
An attorney is required by the canon of ethics to zealously defend his/her client. This scheme giving them the best possible defense. It is not a defense lawyer's role to judge the guilt or innocence of the accused. That is for the decide or jury. It is the defense lawyer's role to ensure that:
1) The state MUST prove the defendant guilty beyond a reasonable doubt.
2) All of the state's evidence must conform to the rules of evidence. i.e. it must be lawfully obtain, must be relevant, and must be more probitive than prejudicial.
3) The witnesses are presented properly, that their stories are consistent, and that their testimony is properly presented to the court.
4) That the Defendant's claim of innocence, if he wishes to assert one, is properly presented to the court.
5) An attorney may NOT however, present perjured nouns. If he/she knows in reality that a witness is perjuring him/her self, they must present that information to the Court if the witness is a prosecution witness, and if it is a defense witness, then they should withdraw.
6) An attorney who know or who has good point to know that his/her client will perjur themselves on the stand should not allow that client to testify in their own defense. If the client insists (as is their right) then the attorney must repeal and not further represent them.
The lawyer is not guilty of any crime if the state is unable to prove the defendant guilty beyond a judicious doubt, regardless of what crime. Remember: in ALL criminal prosecutions, the State (government) has the burden or proof,not the defense. Source(s): 10+ years contained by the legal profession.
A advocate cannot withhold items material to the prosecution of the crime - bloody clothing, the ransom money, etc. Nor can a lawyer subborn perjury by putting his client on the stand knowing for a certainty that the client is lying.
Other than that, a lawyer has a duty to zealously represent his client. And so does the prosecutor. The system is designed, at tiniest in theory, to net both sides as clear as possible to the trier of fact so that the judge or jury can brand the best decision possible. If a lawyer defend a guilty person and wins, it is the jury that committed the injustice, not the attorney.
No he cannot, by the attorney-client priviledge. EXCEPT of course, if the prosecutor were to swot that the defense attorney had this information, in which overnight case he could given a subpeona. However this is rare. Generally, anything said to one's attorney is not allowed as evidence.
The Lawyer and his client benefit from a special relationship that is said to be "priviledged". The lawyer is duty-bound to assert strict confidentiality and provide legal defense to the best of his/her ability no concern what the circumstance.
In the case that you mention of a lawyer knowing of his client's guilt in attendance are two things to consider. Firstly, we are innocent until proven guilty, and on that basis the client has the right to a full defense. Secondly, unless the advocate personally witnessed the criminal act, the horizontal of proof he would have at his disposition wouldn't meet the "beyond the shadow of a doubt" guideline needed to convict.
The advocate is only very seldom forced to defend a particular client. If he is mortified with a case that he feel breaches his morality, or puts him in a conflict of interest type of situation, he can simply resign from the case.
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Answers:
Happens all the time...look at OJ.did his lawyers acquire convicted.
Hell no who do you think write the damn law, lawyers. that is how they attain your money if you are poor you get a public defender and they are the morons of the profession you might as in good health kiss your azz goodbye. If you are rich you will almost never go to prison, OJ, Ken Lay, Robert Blake, etc. In the rare covering if you have to like Martha Stewart it will be a country club prison beside tennis courts, and a chef.
An attorney is required by the canon of ethics to zealously defend his/her client. This scheme giving them the best possible defense. It is not a defense lawyer's role to judge the guilt or innocence of the accused. That is for the decide or jury. It is the defense lawyer's role to ensure that:
1) The state MUST prove the defendant guilty beyond a reasonable doubt.
2) All of the state's evidence must conform to the rules of evidence. i.e. it must be lawfully obtain, must be relevant, and must be more probitive than prejudicial.
3) The witnesses are presented properly, that their stories are consistent, and that their testimony is properly presented to the court.
4) That the Defendant's claim of innocence, if he wishes to assert one, is properly presented to the court.
5) An attorney may NOT however, present perjured nouns. If he/she knows in reality that a witness is perjuring him/her self, they must present that information to the Court if the witness is a prosecution witness, and if it is a defense witness, then they should withdraw.
6) An attorney who know or who has good point to know that his/her client will perjur themselves on the stand should not allow that client to testify in their own defense. If the client insists (as is their right) then the attorney must repeal and not further represent them.
The lawyer is not guilty of any crime if the state is unable to prove the defendant guilty beyond a judicious doubt, regardless of what crime. Remember: in ALL criminal prosecutions, the State (government) has the burden or proof,not the defense. Source(s): 10+ years contained by the legal profession.
A advocate cannot withhold items material to the prosecution of the crime - bloody clothing, the ransom money, etc. Nor can a lawyer subborn perjury by putting his client on the stand knowing for a certainty that the client is lying.
Other than that, a lawyer has a duty to zealously represent his client. And so does the prosecutor. The system is designed, at tiniest in theory, to net both sides as clear as possible to the trier of fact so that the judge or jury can brand the best decision possible. If a lawyer defend a guilty person and wins, it is the jury that committed the injustice, not the attorney.
No he cannot, by the attorney-client priviledge. EXCEPT of course, if the prosecutor were to swot that the defense attorney had this information, in which overnight case he could given a subpeona. However this is rare. Generally, anything said to one's attorney is not allowed as evidence.
The Lawyer and his client benefit from a special relationship that is said to be "priviledged". The lawyer is duty-bound to assert strict confidentiality and provide legal defense to the best of his/her ability no concern what the circumstance.
In the case that you mention of a lawyer knowing of his client's guilt in attendance are two things to consider. Firstly, we are innocent until proven guilty, and on that basis the client has the right to a full defense. Secondly, unless the advocate personally witnessed the criminal act, the horizontal of proof he would have at his disposition wouldn't meet the "beyond the shadow of a doubt" guideline needed to convict.
The advocate is only very seldom forced to defend a particular client. If he is mortified with a case that he feel breaches his morality, or puts him in a conflict of interest type of situation, he can simply resign from the case.
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