But How Can You Sleep Nights? (From Administration and Management of Criminal Justice Organizations: A Book of Readings, Second Edition, P 125-153, 1994, Stan Stojkovic, et al, eds. -- See NCJ-161200)

• NCJ Number: 161204
• Author(s): L J McIntyre
• Date Published: 1994
• Length: 29 pages
• Sale Source: Waveland Press, Inc.
• Publication Type: Survey
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

Because the goal of public defenders is to defend and work toward acquittal for their clients, even clients they believe are guilty, the issue arises as to how public defenders justify their work.

Abstract

Public defenders generally indicate that the question of guilt is not important and that all individuals have certain constitutional rights, including the right to be represented by an attorney. In some circumstances, mere empathy with a client's situation permits attorneys to feel justified when defending someone they know is factually guilty. While differences between attorney and client mean the attorney sometimes has difficulty in understanding the client, especially the client's motive, this does not mean the client cannot be defended. On the surface, what public defenders do is simply protect client rights. The moral context of public defending and social science perspectives on the responsibilities of public defenders are discussed. The adversarial criminal justice model is considered in relation to public defenders. Finally, the role of trials in local criminal justice systems and the impact of losing a case are examined. 29 references and 8 footnotes