Lawyers Should Work Hard to Defend a Client They Think Is Guilty

                                           Do you know the why many decent lawyers, the representative of justice,                                                          choose to defend those who are guilty? This issue has been debated for a                                                          long time. In the past few years, the public in Taiwan consider some crimes                                                      committed by criminals severe, extremely cruel, and thus unforgivable,                                                              such as Offenses of Homicide, Offenses Against Public Safety, or even                                                                Offenses of Extortion and Kidnapping for Ransom. The public bombarded                                                        those lawyers who represent the criminals without doubts by saying that                                                          they are accomplices, devils, and even dregs of society. The lawyers are also                                                      criticized that they do not have morality and justice. However, it is                                                                        extremely  vital that lawyers should defend for a guilty client.

 

                                                           First, being a lawyer, the paramount and ethical duty is to zealously                                                              represent the clients weather they are guilty or not. As a lawyer, defending                                                        for their clients is their mission. Imagine if you are a doctor, your duty is to                                                        try your best to heal and cure the patients whether they are criminals or not. Doctors can take the credit from the decision of carrying out their duty, but the public does not understand the decision made by the lawyers. In fact, lawyers as the agent of defendant must protect the right that the criminal as a human being should have. Without attorney, the defendant may suffer from judicial abuse and unfear treatment. For preventing the scenarios from happening and implementing the duty, lawyers must defend for their clients even if they are criminals.

 

        Second, lawyers have judicial duty to defend for their defendants. In

some cases where the minimum punishment is no less than three years

imprisonment, the presiding judge shall appoint a public defender or a

lawyer to defend the accused if no defense attorney has been retained.

Namely, even if these criminals who have committed felonies do not

retain an attorney, the court will give them one, which is also their right,

which is also the right of retaining a lawyer is empowered by The Code of

Criminal Procedure. Numerous countries under the rule of law (Rechtsstaat) agree with and consider the right to counsel a fundamental right. Since most people might have no experiences in court, the professional assistant is essential not only for the right but also for the truth. Ave Mince-Didier states that “the focus of a criminal trial is whether the prosecutor can prove that you committed the charged crime.” As a result, retaining a lawyer is definitely legal and completely reasonable.

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        Some people challenge whether a criminal with adequate “witness” evidence will be allowed to have lawyer to prove that the him or her is innocent. They think the elements of a crime including actus reus (objective act) and mens rea (subjective meaning) cannot be more sufficient to convict. Nevertheless, according to an attorney, Janet Portman, “no matter what the defendant has done, he is not legally guilty until a prosecutor offers enough evidence to persuade a judge or jury to convict.” The rule is called “presumption of innocence.” To put it bluntly, before the conviction, you cannot deem a person a criminal no matter how convincing the evidences are. Those who seem to commit crimes can only be named suspects. Consequently, as a suspect, he or she deserves to prove they are innocent.

 

                                                      In conclusion, lawyers must be included in any situations that a judicial                                                      trial is hosted. Whether the lawyers have morality or not, they must defend a                                                    client that seem to be guilty. Whether the criminals entrust a lawyer or not,                                                      they must be empowered to have a defender for their right according to the                                                    laws. Whether the suspects have enough evidence or not, they must be                                                              innocent before the conviction. If the public can acquire more information regarding legislation and judicial procedure, then the argument, the quarrel and malice of this issue can be diminished.

 

 

 

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References

Didier.A.M.(N/A). Should I Admit Guilt to My Criminal Defense Attorney?

        Retrieved from https://www.criminaldefenselawyer.com/resources/criminal-        defense/criminal-defense-case/should-i-admit-guilt-my-criminal-defense-a

Portman.J.(N/A). Representing a Client the Lawyer Thinks Is Guilty

        Retrieved from https://www.nolo.com/legal-encyclopedia/representing-client-  whom-the-lawyer-thinks-is-guilty.html