What happens when a defense attorney realizes his client is guilty in a captial murder case during the trial?
Saturday, July 12th, 2008 at
11:25 pm
time4change_in asked:
What if his client abruptly admits to the defense attorney that they commited the crime. Is the defense attorney Buy Drugs Without Prescription obligated to disclose the confession?
What if his client abruptly admits to the defense attorney that they commited the crime. Is the defense attorney Buy Drugs Without Prescription obligated to disclose the confession?
Tagged with: Confession • Defense Attorney • Murder Case
Filed under: Attorney FAQ
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No, but they can go for a plea deal if he thinks his case is weak.
I believe they must ask the judge to assign new counsel. I am not sure if they must disclose a reason.
Any communication between an attorney and his client is privileged and cannot be disclosed to anyone else. A lawyer that violated that privilege would be sanctioned and disbarred. The lawyer has only two options – either defend his client to the best of his ability or request to withdraw from the case.
Well, he cannot allow his client to take the stand if the client is going to lie and deny the crime..that is suborning perjury. He must make it clear to the judge the client is testifying against his advice.
He cannot otherwise stop defending his client or he could face disbarrment or be sued for malpractice. He is not allowed to “injure” his client by disclosing the confession under attorney/client privilege.
If he is endangered or threatened by his client, he may ask the judge to be excused, but probably the judge will make him prove the threat.
I believe this would fall under client / attorney confidentiality, I would think one wanting to be a defense attorny would have to realize that probably 90% of their cliental are actually guilty and it is their job to get them free. Of course remember you are innocent until proven guilty.
A competent defense attorney KNOWS if his client is guilty or he wouldn’t be fit to represent him.
Even if he knows it, that is why there is client/attorney privilege.
I don’t really think most defense attorneys care. I don’t know any statistics, but even though innocent until proven guilty, I think they already have a pretty good idea that the defendant is guilty. The prosecution is supposed to have a fairly strong case in order to charge the defendant. We all have the right to an attorney. His job is to represent his client to the best of his ability within the law.
The defense attorney has a duty of confidentiality to his client and any such communications would be privileged. If a defense lawyer does disclose to a third party, that lawyer has committed malpractice and can have his license taken away.
Defense attorneys take on cases knowing that their client might be guilty, but it is not the attorney’s job to determine guilt and judge the accused…that job is the jury’s. The defense attorney is being paid to poke holes in the arguments of the government’s attorney who has all of the money and backing of the people. The government’s attorney must prove guilty beyond a reasonable doubt and the defense attorney must create reasonable doubt.
The accused usually has no one on his or her side but the defense attorney and it would be a true travesty of justice if the defense attorney also turns on the accused.
If an attorney is not prepared to deal with guilty clients, that attorney should not work in criminal law. There is a reason criminal lawyers get a lot of money from their clients, especially in capital cases. The money helps them live with themselves.
Absolutely not. He or she is oath-bound to zealously defend his or her client…
No. The defense attorney cannot divulge anything about his client. Whether guilty or not guilty, a person charged with a crime is entitled to – and guaranteed by the Constitution – to a fair trial. A defense attorney is required to do all that is necessary to defend him or her. Knowledge of guilt doesn’t change that.
By the very definition under our constitution, his client can not be guilty during the trial. One is presumed innocent until proven guilty. So he is not “guilty” until there is a verdict regardless of what he confessed to.
Plus just because the client confessed to the actus reas (act) of the crime, he may not be guilty because he lacked the mental capacity to form the mens reas (mental state).