ChatterBank1 min ago
How is it possible
18 Answers
to defend a person who you know has committed a heinous crime? I know that Defence Counsellers are doing a job and getting paid for it but how can anyone play that role when they know their defendant has committed a serious crime like murder?
Answers
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Our system of justice depends on the evidence being weighed by a jury, and a verdict being concluded.
In order for this system to work, the evidence must be presented from both sides of the argument, to the best of each Counsel's adbility.
Obviously some Defence Counsel will know that their client is guilty, but the legal system depends on the two-sided argument being presented, and in theory, the correct verdict being reached.
Even though the result is not always the right one, it is believed to be the best and most effective way of providing a fair trial in a democracy.
It is far from perfect, but it is the best there is.
In order for this system to work, the evidence must be presented from both sides of the argument, to the best of each Counsel's adbility.
Obviously some Defence Counsel will know that their client is guilty, but the legal system depends on the two-sided argument being presented, and in theory, the correct verdict being reached.
Even though the result is not always the right one, it is believed to be the best and most effective way of providing a fair trial in a democracy.
It is far from perfect, but it is the best there is.
I do that job every day. My job is not to judge on the innocent or guilty (that is the job of the tribunal of fact - ie the jury or the magistrates), my job is to advise on the evidence againts/for my client and .to act on his instructions Ultimately I never "know" whether my client has done the alleged deed. All I can go on is the evidence before me. If my client admitted to me certain facts it may professionally embarrass me. On the other hand, he may instruct me to continue, in which case i could not put forward a positive defence case, but I can test the prosecution's case. Thankfully, I do very little crime these days (apart from specialist prosecutions) but nonetheless, one can still come across some fairly hefty stuff in civil law.
It is a sad fact that a lot of the british public take the view that lawyers are as bad as the people they represent. They should really understand the cab rank rule before they confirm such views. I cannot choose the cases I take since I have my Code of Conduct to adhere to - were I to be instructed tomorrow by a peadophile I would have no choice but to take the case and to represent that client to the best of my abilities.
It is a sad fact that a lot of the british public take the view that lawyers are as bad as the people they represent. They should really understand the cab rank rule before they confirm such views. I cannot choose the cases I take since I have my Code of Conduct to adhere to - were I to be instructed tomorrow by a peadophile I would have no choice but to take the case and to represent that client to the best of my abilities.
Well you see that is why counsel is good at what they do - emotionally they are detached. I could describe to you cases that have drained me and would make your hair curl. But ultimately its a job - and someone has to do it. We all have to do distasteful things in our working lives that we wish we didn't have to, counsel are no different. I have represented people that most people would never come into contact with (and trust me, in my criminal days, there are few areas of the law that I didn't deal with) and sometimes it leave an unpleasant taste in the mouth, but ultimately I adhere to a Code of Condult which serves me (and the public in general) incredibly well. The independence of the Bar is one of the things that makes our judicial system work.
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