Saturday, November 7, 2009
Defend, or Not?
This post relates to the constitution. Why does everyone have a right to council? Does everyone deserve it? How about the cold hard criminals that the lawyer knows raped and killed an innocent victim? Do they really deserve to have the same rights as everyone else in the United States? My answer is yes. They do in fact deserve a fair trial because they are not guilty until proven guilty. I am just troubled how lawyers try to win trials because they want money and status. It seems that sometimes they don't even care about the victim or their client but besides themselves. This is a horrible fact that can affect people's lives forever. To me, it almost seems that if a lawyer knows 100% his or her client is in fact guilty of a crime, they should take them and lock them up behind bars. It isn't fair for the people who get locked up for a crime they never committed. This is especially the case for some certain racial situations because there are stereotypes that lawyers take advantage through juries. They can persuade them through words that they relate to through their daily lives and which in most cases aren't true to justice. This to me is not justice. Everyone does deserve a fair trial, but is it worth it to live in a compassionate society, or a harsh and just society? It comes down to morals not only with the criminal, but with the people representing them as well because they are almost just as bad as the criminals when they misrepresent them and impose falseness towards judges and juries. This should not be tolerated and defending lawyers should not seek towards their own gains.
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You say that lawyers should lock up their clients if they "know 100% that their client is guilty." How can anyone ever know for sure, though? Maybe the defendant went temporarily insane? Maybe he or she is a liar? If lawyers made these decisions on their own, it would completely undermine the justice system.
ReplyDeleteIt seems as though you are making contradictory statements in this post. First you state that everyone deserves to have the same rights and a fair trial becuase citizens are indeed innocent until proven guilty. However, you follow this statement by saying that if lawyers know their clients are guilty, they should "lock them up behind bars". It is the fact that this does not happen that makes our justice system work and ensures liberty to all citizens. As carly pointed out, it would be a rariety for a lawyer to know 100% that their client is guilty. As to your issue with lawyers trying to win cases in order to establish themselves in their field and make a successful living, I must disagree with your opinions. A lawyer's number one responsibility is to his client, and while defense attorneys may need to do things that may not sit well with some people's morals, it is a part of their job and one that many of them do not enjoy. I know a few defense attorneys that feel bad for what they had to do in a few of their cases, however this comes with the territory of their profession and is the biggest reason that many people could not stomach a career as an attorney.
ReplyDeleteI would offer a different view of the legal system. I think that lawyers evolved as a response to the system. Everyone is afforded certain rights, and it is a lawyer's job to see to it that these rights are protected. Lawyers simply locking their clients up undermines the whole justice system. Also, upon what authority would the lawyer draw his/her power? Everyone is afforded the right to a fair trial and the lawyer facilitates this. Lawyers do have morals and don't act specifically in search of status, power, and money.
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