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confidence in lawyer-client relationship

 
 
Reply Thu 21 Jul, 2005 01:47 am
Lets say we have a situation like this:

I'm accused and I declared NOT GUILTY but I have admitted to my lawyer that I AM GUILTY (and I rally am!). Which of the following are true:

1. My lawyer must not betray me, or he will lose the job (and much more) - he must defend me because I have a right to be defended

2. My lawyer must say to the court that I am guilty (that is, that I have admitted to him)

3. Something else?

Thanx!
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Phoenix32890
 
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Reply Thu 21 Jul, 2005 05:53 am
Your lawyer is obliged to offer the best defense possible. It is not up to him to judge you. In the instance where he knows that you are guilty, he needs to offer alternate thories of the crime, so that the jury will come back with a "not guilty" verdict, based on reasonable doubt. Another thing that he might do, is attempt to free you based on some legal technicality.

Remember, a "not guilty" verdict does not mean the person is innocent. All that it says was that the law could not prove guilt, beyond a reasonable doubt.
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goodfielder
 
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Reply Thu 21 Jul, 2005 06:00 am
Quote:
Remember, a "not guilty" verdict does not mean the person is innocent.


Sorry to intrude but it's strange how many people don't get that. There is no assumption of anything when someone is charged with an offence (well in most jurisdictions I think). I mean it's sort of like a null hypothesis. Just because someone is charged means nothing (legally at least). Judgement is suspended until the jury (or judge/s) return the verdict.

So if someone is found "not guilty" it's got nothing to do with any assumption about guilt or innocence because guilt or innocence didn't come into it in the first place. It was a null zone.

In theory anyway.

So that might shine a different light on the question.
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