Law in Contemporary Society

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CriminalDefense 8 - 21 Apr 2010 - Main.RobLaser
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 Eben has spoken very highly of criminal defense several times in class. I am one of those people who still doesn’t know what kind of law he wants to practice, but criminal law is definitely one of the possibilities. I find it interesting, at least academically/abstractly, and I think I would enjoy being the guy in someone’s corner.

The problem is, as much as I would love to be the person defending the wrongfully accused, I think I would be uncomfortable defending someone I believed had committed the crime. This would be more or less true depending on the circumstances, but for some crimes in particular (gratuitously violent crimes, sexual crimes against women and children, white collar crime/public integrity/fraud), I think I would have a real problem.

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 -- DanKarmel - 21 Apr 2010
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(All comments are of course to the best of my knowledge concerning criminal law and the justice system which is admittedly very little beyond the normal 1L) I think there is an important point being missed here. Unless you are a public defender or work for somebody else, you can choose to take a case or not. In my mind if a possible client came to me and told me the facts of his case, I would know whether or not I was able to give him the type of defense he deserves. If I felt I couldn't, I would tell him any information he needed to know and refer him to someone who I believed would provide him with competent counsel. Additionally, in a system of plea deals and graded sentencing I think it is inappropriate to think of a client's case as one would a sporting event. The goal is not to win. The goal is to make all ethical efforts to advocate effectively for your client. If your client tells you he is guilty you should be prepared to tell him what that means in regards to your defense strategy. For example, you will tell him that you won't put him on the stand to deny guilt. Based on the evidence, whether he is guilty or not, it is your job to inform him of your assessment of the most likely outcome of his case at trial in regards to both guilt and sentencing. You should then inform him of what you expect he is looking at in terms of a plea agreement. Counsel him on what you think is more prudent and let him make the decision of whether he wishes to obtain different counsel based on all this.

-- RobLaser - 21 Apr 2010

 
 
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Revision 8r8 - 21 Apr 2010 - 04:27:53 - RobLaser
Revision 7r7 - 21 Apr 2010 - 03:35:39 - DanKarmel
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