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M$1 November 14, 2009 01:29 PM

What do you think about the lawyers representing the accused like the DC sniper, parents of the balloon boy, Ft. Hood shooter, etc.?

I mean what kind of a person would represent them. I just couldnt imagine what the reason would be. Is it money, 15 minute fame, etc.? If money who pays them?
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November 14, 2009 02:37 PM
Our legal system is based on the adversarial process. Having a vigorous defense for the defendant means the state really has to prove his/her guilt beyond a reasonable doubt, and do so within what is allowed by law. That last includes the process police uses to identify, arrest, and interrogate the defendant.

The advantages to society are that this process does a great deal to protect the innocent. Police are less likely to arbitrarily search your home, business, car, etc. when they know they cannot use any products of such an illegal search in court. You might argue that if you're truly innocent, you have nothing to fear from such searches.

However, remember that police are human, and share our failings. If you cut off a police officer in his private vehicle inadvertently on the highway, would you want him/her having the authority to arbitrarily come into your house and search for any potential evidence of any law you may have broken?

Another advantage is that torture of citizens by the police and/or prosecution in an attempt to secure a confession is much less likely when courts will throw out any such and likely set the defendant free if s/he was tortured by the authorities.

In short, defense attornies are necessary to keep the state honest in its search for criminals, and in their prosecution. This is a great public service. Despite all that, you may ask how they can possibly stomach defending scum. The answer is that until the defendant is proven guilty in a court of law, s/he is innocent (remember that "innocent until proven guilty" thing?). Despite what may seem overwhelming evidence, nobody is guilty until proven to be such. There have been many cases where even that standard has proved lacking, and people who spent years on death row were later found to be innocent through e.g. DNA evidence which exonerated them (see e.g. http://www.innocenceproject.org/ ).

Having said all that, many would not feel comfortable fulfilling this critical function, just as many would not want to collect trash, though it is also a critical function for society. Those who are willing to do the job have many different reasons to do it, and each defense attorney will have these in different measures.

- money
- fame
- ideology (keeping the state honest)
- challenge
Asker's Rating:
• Your answer gave me different perspective of this scenario. thanks.


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November 14, 2009 09:44 PM
Great answer. But in the Ft. Hood shooting, it's proven beyond doubt, and still the defense lawyer is going to raise "mental competence" issue.

http://abcnews.go.com/GMA/lawyer-fort-hood-shooter-explore-mental-responsibility-issue/story?id=9041677

Obviously nobody in a good state of mind would do this. This is what I dont understand. How would that lawyer answer to the families that lost their loved ones?

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November 16, 2009 02:32 AM
Why would any person do all in it's power to save a criminal who kill's innocent people. In what name do they do this, I say in the name of grand standing

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November 14, 2009 02:40 PM
Lawyer who are greedy would represent a criminal in the guise of doing their job. It's all for the money, Lot's of lawyer would turn down such clients, so sometimes police just shoot then to save tax payers money, This maybe a harsh statements but these kinds of criminal are out there wanting to hurt innocent people just to satisfy their crazy heads.

Tags: deadly, criminals, innocent, people

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November 14, 2009 07:13 PM
Criminal defendants have a constitutional right to have an attorney represent them. If they cannot afford an attorney, one will be appointed for them. If it were not for private criminal defense attorneys and public defenders, then no criminal could be convicted. These attorneys play a vital role in the criminal justice system. It is an insult to most defense attorneys to suggest they might be in it solely for the money or for fame. Certainly public defenders are not there for the money. The high-profile cases, such as O.J. Simpson and his "Dream Team," represent a minority of criminal prosecutions.

People are quick to put down attorneys who represent criminal defendants for a variety of reasons. But, if you were arrested and charged, justly or unjustly, with a crime........Who would you call first?
Source(s):
The Role of a Prosecutor and Criminal Defense Attorney http://www.avvo.com/legal-guides/ugc/the-role-of-a-prosecutor-and-criminal-...
Ethics, Zealous Advocacy, and the Criminal Defense Attorneyhttp://www.cardozo.yu.edu/life/winter2001/bennett/
Marriott Drops Blame-the-Victim Defense in Suit Over Parking-Garage Rape http://www.cleveland.com/nation/index.ssf/2009/08/marriott_drops_blamethevi...


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November 15, 2009 04:13 AM
Please allow me to comment. I am an attorney so I may provide a different insight than currently given.

First of all, not all attorneys are greedy--it is quite often that capital murder case defendants are represented by Public Defenders until the public scrutiny gets too large and the PD is literally incapable of assisting the defendant to his/her best ability.

Yes, money plays a role. Just like any job, compensation is required. It can be argued that in an open-and-shut case an attorney requires even more compensation than usual, as he or she really must use imagination to provide the best service to his client. But compensation is not an end-all; attorneys are always officers of the court who cannot (should not) cut corners or engage in unethical behavior. (I will table dissension to this point as I am all too aware of how often this line between zealous and unethical representation gets crossed).

Other attorneys go for a challenge. It is literally a "David v. Goliath" story for them, and if they are able to prevail against all odds, they are justified in their behavior. No matter the hate and animosity towards such attorneys, but when you are in trouble, that is the first type of an attorney you typically call to bail you out, as you know they can get the job done, regardless of true statistical improbability.

Fame is also a big deal. Our culture no longer makes a distinction between "good" and "bad" publicity. ALL is good. So if an attorney associates himself with a high profile case, potential clients will hear of him and find him when needed.

Others go because they are assigned to go--the Public Defender I described above.

Finally, many have the genuine belief that it is better to let 10 guilty men go free than place 1 innocent person in prison. These individuals believe in the ideal that all men, guilty or otherwise, require competent and fair legal representation. Regardless of possible apparent guilt, all accused are innocent until proven guilty and must stay innocent at all costs.

As with any decisions it can be a combination of factors. I personally avoid court and tend to do more transactional matters as I was very vehement and idealistic about not representing someone who I knew to be guilty (that is why I do not practice criminal law, for example). As time goes on, however, I have modified my thinking and see my profession as a service that may not require my personal beliefs, ego, judgments, or prejudice to properly represent and serve my clients. This intentional "setting aside" of my internal beliefs allows me to perform my representation that much more competently, as my response is not tainted by internal coloration. Only after my work is done do I reflect and review the possible moral dilemmas, and those of my professional contacts that work in litigation tend to do the same.

Maybe that makes the stereotypes true; that is possible and probable. But it is also fact.
Source(s):
Personal experience.
I am an attorney who runs his own practice.


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November 15, 2009 02:34 PM
Wow, this is why I like mahalo which helps get different view points just like that. thanks for the insight.

"This intentional "setting aside" of my internal beliefs allows me to perform my representation that much more competently, as my response is not tainted by internal coloration. "

Still we are humans not programed machines (which can be partitioned to behave completely independent). How can you be completely oblivious to your personal beliefs?

How would that lawyer answer to the families that lost their loved ones?

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