Linus Van Pelt wrote:This is better answered by one of the lawyers here, but I believe a defense attorney in the US is allowed to continue to defend a client in a not-guilty plea, even if he or she knows that the client is guilty. I do not know if the attorney is required to do so. This time next year, I expect I'll know the answer to both of these questions!
i am not a criminal defense lawyer. but first - a lawyer cannot knowingly perpetrate a fraud on the court, which means if you know the defendant (your client) will testify falsely, you cannot allow him to testify. If he insists (it's his call), you must excuse yourself from the case. If your client would testify truthfully that he totally killed the bastard, then it would be wise -strategically- not to call him as a witness. If you don't want to defend guilty people, I would advise that you not go into defense work.
Criminal Defense is all about making the system work, making sure the prosecutors use genuine evidence that is admissable, and that they prove all the elements of the crime beyond a reasonable doubt. The Criminal Defense lawyers I know think of their role in a broad perspective as a check, or watchdog against shoddy police work, overzealous conviction-hungry prosecutors, etc. Everybody deserves a fair trial, otherwise the system does not work.
And the cops and the prosecutors do get it wrong frequently. See My Cousin Vinny. And all those folks all across the country who are benefitting from new DNA evidence techniques. The political pressure on prosecutors can be overwhelming, and somebody needs to step up and enforce the rules. Juries are also frequently manipulated into giving a bad result. That is what the appellate system is for.
Salut, Mr. Durango.