NCJ Number
108137
Journal
University of Bridgeport Law Review Volume: 7 Issue: 2 Dated: (1986) Pages: 223-255
Date Published
1986
Length
32 pages
Annotation
For several reasons, lawyers should defend their clients vigorously regardless of whether or not they believe them to be innocent.
Abstract
People accused of crimes should be defended by lawyers to improve the accuracy of the factfinding process. The adversary system is not necessarily a perfect means of adjudicating facts, but changing to any other kind of decisionmaking process would involve virtually insurmountable problems. The use of lawyers also benefits defendants in that it ensures the use of checks on such procedures as searches. In addition, it makes a symbolic statement that we are compassionate people and that even the worst people are entitled to have one person to help them. None of these reasons is affected by whether the defendant is guilty. In fact, the symbolic value of having an attorney represent a defendant may be increased when we know the accused is guilty. Moreover, we should expect lawyers to handle the defense in the same way regardless of their views about the client's guilt. Otherwise, the judge or jury would serve no purpose. Even when the defendant has stated guilt to the lawyer, the lawyer should retain the symbolic role of the defendant's only friend. Otherwise, the lawyer becomes to some extent a spy for the prosecution. The attorney's role of representation of a guilty client may properly include helping the client plead guilty and arguing for a light sentence, engaging in plea bargaining, invoking legal defenses like double jeopardy, and checking the prosecution's evidence. However, defense attorneys must not put perjurious witnesses on the stand. Except in these narrow and unusual circumstances, lawyers should provide their clients with a vigorous defense. 59 footnotes.