In our system of law, everyone accused of a crime has a variety of legal entitlements, such as to an attorney, to a jury trial, to not have his own testimony used against him, and to not have all sorts of illegitimate (though possibly accurate) evidence used against him. In sum, he is entitled to a vigorous defense using any means available to secure his acquittal…even if he’s guilty. And if he fails to provide this defense, he can lose his own license to practice law. But this means that many people will go free not because they are innocent, but precisely because a lawyer helped them evade justice. Does this make our society safer? Is such vigorous defense of the guilty even ethical? We’ll talk about it.
Monday, April 12, 2010
Ethics: Should Guilty People Get A Vigorous Defense?
In our system of law, everyone accused of a crime has a variety of legal entitlements, such as to an attorney, to a jury trial, to not have his own testimony used against him, and to not have all sorts of illegitimate (though possibly accurate) evidence used against him. In sum, he is entitled to a vigorous defense using any means available to secure his acquittal…even if he’s guilty. And if he fails to provide this defense, he can lose his own license to practice law. But this means that many people will go free not because they are innocent, but precisely because a lawyer helped them evade justice. Does this make our society safer? Is such vigorous defense of the guilty even ethical? We’ll talk about it.
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