I know of barristers who say to their clients, don't tell me if you are guilty or not. I will never ask either. But tell me everything else . . . .
I know this enables the lawyers to do their jobs of arguing for their client to the best of their ability, and I suppose it helps them sleep at night too, but it's something I just can't seem to stomach.
Is this something that lawyers are taught during Law 101? The guilt of your client is not relevant, only whether you can win the case for them or not? Your job is to get them off, period.
Not trying to cast aspersions in any way, I'm just trying to get a handle on the issue of client guilt from the brief's point of view.
Basically, the idea is that, the accused has the right to a trial, and that the onus is on the prosecution to prove the crime "beyond reasonable doubt".
It is not, IMO, a matter of the lawyer being "paid to get the client off" as it might be expressed, but simply to ensure that, the legal process is followed.
That is, that the trial is fair according to the laws of the court.
There should be, an impartial jury, untainted evidence, and a clear finding that is not unfairly prejudiced by the judge.
What I mean is that, even if someone is guilty, this should be established as truth according to the rules (and they go back a loooooong way). Not by a kangaroo court, or by pre-judgement in the papers (or in forums like this), and especially not by fabrication or lies made to fit the facts.
Yes I agree, if a person "got off" by reason of a technicality, it would be awful. But there are apparently people still sitting in jail who have supporters believing they are innocent. What is worse? I honestly don't know. Other than that, a truly guilty person who might escape a prison sentence, probably only escapes incarceration if you know what I mean? Otherwise they are forever bearing their own sentence in their heads and subject to condemnation by a lot of society.
As to the lawyers, well I would say it's a fine line. But , there are ethical rules, even if it's difficult
If a client were to admit guilt, then they are still entitled to be represented - if the lawyers walked away, wouldn't that make it glaringly obvious????
But the lawyers in that case should only be challenging the evidence that is put up against their client, they are not entitled to blame other people or put up immaginery scenarios.
Putting the client on the stand or not, has nothing to do with it.