Daily Archives: 11/23/2009

Realities of Criminal Defense — Updated

UPDATE
Please take a moment and read Scott’s and Rick’s posts. I severely abridged their posts to the point of ruin­ing their mean­ings, and I apol­o­gize about that.
This post has been mod­i­fied in response to Rick’s com­ment below.

Yes­ter­day brought another inter­est­ing post from Scott Greenfield’s Sim­ple Jus­tice. He had been made aware of a blog by a new law school grad­u­ate with hopes of enter­ing the world of crim­i­nal defense. The author mono­logued about the moral dilemma a defense attor­ney has when rep­re­sent­ing a “guilty-as-charged” client. Her ulti­mate answer to it was that a defense attor­ney has a duty to tell her client’s story in order to achieve a fair outcome.

Scott, lodged in a les­son about the dan­gers of blog­ging (Loose blog posts Sink egos, or some­thing of the sort), explained that there is no moral dilemma. A defense attor­ney is there to beat the pros­e­cu­tion and win free­dom for his client. It is, after all, an adver­sar­ial sys­tem. (Dis­claimer: This is my sum­mary. Read his com­ment.)

That was yes­ter­day.
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