Lawyer question

[ferdgoodfellow]

Auberon,

How did it turn out?

Your situation is inevitable if you are going to be a lawyer. There are similar situations, perhaps less justifiable in civil practice.

Back in law school I remember hearing Ralph Nader speak. He made reference to the great number of friends and acquantances who lost their liberal principles after graduation and went to work for the likes of General Motors. IOW they sold out. When they would get together at class reunions Ralph would ask them: “How could you?” and they would usually say somehting like, “Well, even General Motors deserves representation.” to which Ralph would reply: “Yes, I suppose, but you don’t have to do it!”

I don’t do criminal work as a rule, but every once in a while, when they are really scraping the bottom of the barrell and are hurting real bad, the court will order me to represent someone (usually guilty). Sometimes we have to go to trial, and I end up in your position. It is tough. But I console myself with the idea that I am also defending the system and helping to keep in honest. But I am always careful to keep my arguments focussed on the state’s case.

I never have had to represent anyone truly repugnant. In school I remember female public defenders speaking in class and talking about having to defend rapists. They admitted it was yuckky job but they still tried to do their best.

Cordially,

Ferd

 

[Southernrich]

SoulRebel777:

I wouldnt defend the guy if he told me he did the crime man.

Why would you defend a guy who did something wrong and let him go free to maybe do it again?

You will be held accountable by God if you defend this guy with this knowledge you have of his guilt.

1. In the United States, an accused is presumed innocent.
2. In the United States, an accused is guaranteed certain rights according to the 6th Amendment of the Constitution. Attorneys are there to protect those rights.
3. In the United States, no one is guilty until a jury finds him guilty.

 

[Southernrich]

Trad_Catholic:

You cannot separate any decision from Catholicism, for this is secularism (modernism/liberalism) and is condemned by the Church as a heresy.

You haven’t the slightest idea of the difference between what is secular, modern, or liberal, and the particular definitions of secularism, modernism, and liberalism as defined by the Church.

Everything must be based upon Church teaching.

No. “Render unto Caesar…” Every hear that one?

 

[larryo]

MattB:

As a lawyer and a Catholic, I will give you my opinion. As you know, you are not charged to judge your client. You are not supposed to act as the fact finder. Your sole mission is to ensure that your client gets a fair trial. As you have mentioned, you are not in any way promoting a lie (in that you will not have him testify and will not otherwise suborn perjury).

Morally, I think you are obligated to encourage others to act correctly and in moral and ethical ways. To that end, then, you should certainly counsel your client to not commit bad acts in the future. As to his past conduct, the option of confession (in court) and a guilty plea should be explored, tempered of course with your legal analysis of the odds of prevailing at trial and what sort of plea bargain might be offered. If your client elects to go to trial, you are still acting morally when you do your job and are a zealous advocate for your client, so long as you do not cross the lines mentioned above. For example, I thing it would be permissible to argue that the evidence does not show this and that, but impermissible to say “he is innocent” or “he did not do this.”

Hope that helps. Pray for guidance and strength as you perform your duties. I will pray for you as well, and may God bless you.

I agree with your comments. Under our system of jurisprudence, the burden of proof rests with the State’s prosecution. It’s then up to the judge and jury to determine guilt or innocence. So long as a defense attorney has done his best to defend his client ethically within the prescribed rules, he should not feel guilty about doing the job for which he’s been hired.

 

[Malachi4U]

Is our legal system designed to find the truth, and give the defendant a fair trail or, it is designed to get the defendant off, guilty or not, at any price?

Morality has nothing to do with legality, though it should. Not in our country anyway.

You are in a moral dilemma because you may work in an profession with many immoral people or rules? You need to search your soul for the answer. Regardless, you must ensure a fair trial but is it your job to get the defendant out of true and valid punishment? If you do decide to go by ‘man-made’ morality then rest assured, Jesus will judge us all after we die. Those who have paid for their sins here on earth or have had them forgiven need not worry. Those going to Jesus with un-forgiven sin may sweat a little?

Perhaps, even as a non-Catholic, you might want to call a priest and talk to him? You could even go and talk to one in the privacy of the confessional, though not a confession just an anonymous discussion. At our church many of the Mormons come by our church to pray or to seek advice from our priest. They just look for something that is absent in their faith I guess. (I live in Utah)

The doors to our Church are open to all (they took me!). Take advantage of it. You don’t need to convert by any means and that shouldn’t even be on your mind during this at all. Just take advantage of an open door policy.

These are only my ‘opinions’ so don’t take them as official teaching or policies. Opinions are like hair, we all got some! Some more then other too.

Now the most important thing and this is not an opinion it is a fact, pray, pray, pray and ask God for His help with your questions! I suggest, you go to a church building and knell down with your Scripture in your hands and read pertinent passages, reflect on them and pray to God in His house. There is no better place to pray then in the house of God while knelling down before Him.:bowdown: (I suggest a Catholic church due to the comfy kneelers and the wonderful artwork that will remind you of His presence with you. Some churches sadly are not designed well for prayer. You may even hear Him answer – but you have to ask Him a question first. Prayer can last seconds, minutes and hours nonstop. You may have to keep going back too. So make yourself at home before you start. If you’ve never knelt to pray or seldom have in your life – I NEVER knelt down to pray as a protestant, not once ever – go easy on your knees. You want to hear God speak not the pain in your knees! )

A prisoner of Christ

 

[Southernrich]

Malachi4U:

Is our legal system designed to find the truth, and give the defendant a fair trail or, it is designed to get the defendant off, guilty or not, at any price?
No, yes, no.

Morality has nothing to do with legality, though it should. Not in our country anyway.

You are in error. In our country, it is both illegal and immoral to forge checks, commit an armed robbery, assault another person, or kill another person.

You are in a moral dilemma because you may work in an profession with many immoral people or rules?

As many other professions.

Regardless, you must ensure a fair trial but is it your job to get the defendant out of true and valid punishment?

No, it is the other way around: it is the job of the prosecutor to make his case so that the accused will be found guilty and then punished.

If you do decide to go by ‘man-made’ morality then rest assured, Jesus will judge us all after we die.

Scripture says that God will judge us all no matter what morality we go by.