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  1. #31
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    Im definitely way to emotionally biased! I would be a terrible defense lawyer for anyone convicted of violence against another or hurting another in sone form. It would play on my mind if they did it and I would probably not represent them very well at all! But thats why Im not a lawyer I take my hat off to any who can/could though

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  2. #32
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    Quote Originally Posted by BigRedV View Post
    But the OP asked if you could defend people who hurt others, not people who allegedly hurt others.

    No, I would not be able to defend people who had deliberately hurt others.
    And I replied to that question. Definitely.

    Guilt is determined in court. Even if the facts are not in dispute, a person has - and SHOULD have - the right to affirmative defences and representation on sentencing.

    Until a person has had the charge tested in court, they all have "allegedly" committed the crime. That even the most obviously guilty have the right to competent representation doesn't protect them, it protects all of us.

    That even the obviously guilty have to the right to avail themselves of every facet of the court process is the sole reason why Lindy Chamberlain's surviving kids didn't grow to adulthood visiting their mother in prison. That alone makes the job worthwhile.

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  4. #33
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    Courts don't always get it right.

    Normally a client tells their lawyer if they've committed the crime. That's what I'm talking about, not whether or not you can stand up in court make everyone think they're innocent when they're not.

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  6. #34
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    I couldn't personally but have nothing against those who do.

  7. #35
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    No, but only because court work doesn't interest me. Currently in the family law area which I thought I'd never do (well, on leave from this work) but when I go back to work next year I want to do something different.

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    Quote Originally Posted by BigRedV View Post
    Courts don't always get it right.

    Normally a client tells their lawyer if they've committed the crime. That's what I'm talking about, not whether or not you can stand up in court make everyone think they're innocent when they're not.
    hopefully a criminal lawyer can answer, but from my understanding they don't normally admit their guilt to you unless they are pleading guilty.

    it's not in their interests to confess anything to their lawyer, as from my hazy memory of legal ethics, once a client admits they are guilty, all you can do is test the prosecution's case, but you can't put forward another defence.

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    Once a client has admitted guilt I don't think there is any continuing obligation to put forward a defence?

    If you feel there has been an abuse of process you are free to pursue that but there is no requirement to do so.

    It's been a long time but my recollection is that there is a convention preventing criminal barristers from being sued for presenting less than convincing defence cases when they believe their client is guilty.

    It's the 'out' for the cab rank rule.

  11. #38
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    Zombie_eyes is offline Formerly Diamondeyes
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    All this lawyer talk is hawt *blush*

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    I think I could with little things but murder or sexual assault or pedophilia no

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    Quote Originally Posted by MsMummy View Post
    hopefully a criminal lawyer can answer, but from my understanding they don't normally admit their guilt to you unless they are pleading guilty.

    it's not in their interests to confess anything to their lawyer, as from my hazy memory of legal ethics, once a client admits they are guilty, all you can do is test the prosecution's case, but you can't put forward another defence.
    Yes that's correct, the paramount duty is to the Court not the client. A lawyer cannot knowingly mislead the Court and would be ethically required to withdraw if the client instructed them to present a positive defence after confessing to the lawyer.

    It is worth noting that the vast majority of criminal cases do actually resolve as guilty pleas in any case.

    I personally find criminal law one of the least morally conflicting areas of the law to practice in. In saying that, it can of course be distressing at times to be confronted with the hideous things that people can do to each other.


 

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