As legal professionals, defense attorneys are bound by a strict code of ethics that requires them to provide competent and zealous representation to their clients, regardless of their personal feelings about the client or the case. This means that defense attorneys are required to provide the best possible defense for their clients, even if they believe that their client is guilty of the charges.
While this may seem counterintuitive, it is an essential part of the legal system. The presumption of innocence is a fundamental principle of our legal system, and it is the prosecution’s burden to prove guilt beyond a reasonable doubt. It is the defense attorney’s job to ensure that this burden is met and to ensure that their client’s rights are protected.
So how do defense attorneys defend someone they think is guilty? The answer is by following a strict set of ethical guidelines and by utilizing a variety of legal strategies and techniques.
The Ethical Obligations of a Defense Attorney
As mentioned earlier, defense attorneys are bound by a strict code of ethics that requires them to provide competent and zealous representation to their clients. This means that they must provide the best possible defense for their clients, regardless of their personal feelings about the case or the client.
The American Bar Association’s Model Rules of Professional Conduct outlines the ethical obligations of attorneys. These obligations include:
- Loyalty to the Client: A defense attorney must be loyal to their client and act in their best interests, even if they believe that their client is guilty.
- Confidentiality: A defense attorney must maintain client confidentiality and protect their client’s information from disclosure, except in certain limited circumstances.
- Competence: A defense attorney must provide competent representation to their client, which requires them to have the necessary knowledge, skills, and experience to effectively defend their client.
- Candor: A defense attorney must be honest and truthful with their client, the court, and other parties in the case.
- Zealous Representation: A defense attorney must provide zealous representation to their client, which requires them to vigorously defend their client’s interests and to use all legal means to protect their client’s rights.
Legal Strategies and Techniques
In addition to their ethical obligations, defense attorneys utilize a variety of legal strategies and techniques to defend clients they believe are guilty. These strategies may include: - Challenging the Prosecution’s Evidence
One of the primary strategies used by defense attorneys is to challenge the prosecution’s evidence. This can involve challenging the credibility of witnesses, questioning the validity of physical evidence, or arguing that the prosecution has not met its burden of proof. - Plea Bargaining
In some cases, a defense attorney may negotiate a plea bargain with the prosecution. This can involve the defendant pleading guilty to a lesser charge or receiving a reduced sentence in exchange for a guilty plea. - Presenting an Alternative Theory of the Case
Another strategy used by defense attorneys is to present an alternative theory of the case that is consistent with the evidence. This may involve arguing that someone else committed the crime or that the defendant acted in self-defense. - Mitigating Circumstances
Defense attorneys may also argue that there are mitigating circumstances that should be taken into account when determining the defendant’s guilt or sentencing. This can include arguing that the defendant was under duress, that they had a mental illness, or that they were acting out of necessity.
Defense attorneys utilize a variety of legal strategies and techniques to defend clients they believe are guilty, including challenging the prosecution’s evidence, negotiating plea bargains, presenting an alternative theory of the case, and arguing mitigating circumstances. By utilizing these strategies, defense attorneys can provide the best possible defense for their clients and ensure that their rights are protected.
Has a Lawyer Ever Dropped Their Client for Being Guilty?
One notable example of a defense attorney dropping a case because they knew their client was guilty is the case of John Henry Browne, who was representing the infamous “Barefoot Bandit,” Colton Harris-Moore. Browne had initially taken the case because he believed that Harris-Moore had been unfairly treated by the media and the justice system. However, as the case progressed, Browne began to realize that Harris-Moore was guilty of the charges against him.
Rather than continue to defend Harris-Moore, Browne made the difficult decision to withdraw from the case. He stated that he could not continue to represent Harris-Moore in good conscience and that he did not want to be associated with the crimes that Harris-Moore had committed.
Browne’s decision to withdraw from the case highlights the ethical obligations that defense attorneys face and the difficult decisions that they may have to make when representing clients they believe are guilty. While it is rare for defense attorneys to drop a case in this manner, it serves as a reminder of the importance of ethical behavior and the need to ensure that the legal system is fair and just for all parties involved.
It is important to remember that the presumption of innocence is a fundamental principle of our legal system and that it is the prosecution’s burden to prove guilt beyond a reasonable doubt. It is the defense attorney’s job to ensure that this burden is met and to provide the best possible defense for their client, regardless of their personal feelings about the case.
It is also worth noting that defense attorneys are not required to believe that their client is innocent, but they are required to provide competent and zealous representation to their client. This means that defense attorneys may defend clients they believe are guilty, but they must do so within the bounds of the law and the ethical obligations of their profession.
In conclusion, defense attorneys defend clients they believe are guilty by following a strict set of ethical guidelines and utilizing a variety of legal strategies and techniques. By providing competent and zealous representation to their clients, defense attorneys help to ensure that the legal system is fair and just.
