How Can a Criminal Defense Lawyer Defend Someone Who's Guilty?

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How Can a Criminal Defense Lawyer Defend Someone Who's Guilty? | Palm Beach County, Florida | Matthew Konecky P.A.

[dalewilliams]

That didn’t go very deep. Obviously our constitution says everyone has the right to a defense, but why was that included in the constitution, for what purpose? Why is it significant? Also, I think it is more of a philosophical question than one about mere interpretation of law. The answer to the question, “why would you defend someone who you know is guilty” should not come from law, but from personal morality. You pretty much avoided the heart of the question there by deferring to what existing law is. Saying, “everyone has the right to an attorney” does not even come close to answering the question of, “why would you defend someone who is most likely guilty”, which, I would suggest, has philosophical and moral roots to it. I would like to see an actual answer uploaded in a follow up video.

[docsavage]

Defense of the accused should have nothing to do with what the attorney believes regarding the accused's guilt or innocence. The job of the defense is to make the prosecution prove guilt beyond a reasonable doubt. That protects all of us from tyranny.

[simplimingle]

Great clarification! Thank you. I have heard people ask this question many times but have never heard a lawyer actually answer. Appreciate that!

[mam]

Excellent answer. I'd also add that it actually bothers criminal defense lawyers more to defend the innocent than the guilty. If they have a client they truly believe is innocent and getting railroaded, they tend to get emotionally involved and put a ton of pressure on themselves to win the case, because they don't want a miscarriage of justice. In open and shut cases where the client's guilty as sin, they don't have that psychological burden.

[selfdo]

It's not up to the defendant's counsel to assess his "guilt". The COURT does that, IAW due process. The defendant's counsel is there to ensure that due process is scrupulously observed, so that their client get as favorable an outcome to the matter as his advocacy can render. No attorney should feel any hesitancy to represent clients they "know" are probably guilty to some degree of what they're accused of; if they do, then they ought to recuse themselves and have their client represented by another attorney.

[Bruhhhhhhhhhhhhhhhhhhhhhhhhh.]

you're confusing legality with morality. The idea isn't to tell you to refuse to defend people who are guilty, but more speaking to it's apprehensiveness morally. Yes, the law allows it, but that doesn't mean that it's always morally okay in the average person's eyes viewed through a clear lens. Although don't get me wrong, i don't think these prison systems are anywhere near an equal punishment to the crime of most of these people, so i believe at the end of the day it does more good than harm in my opinion, but nonetheless, as many people are saying in this comment section, you miss the point.

[asrr]

This is enough to make people quit their jobs and there is more than just criminal defense lawyers right!?

[timothyroberts]

It is the DEFENSE attorney to get the defendant from getting convicted PERIOD ! do not say this crap about the constitution, I have seen lawyers get up in front of a seated jury and try his best to convince the jury . that the FACE in the video of the drug deal . where his client was seen making a drug transaction with a undercover narcotics agent WITH AUDIO, where his client is called by NAME. That lawyer smiled at the jury and said that was not his client, Other than public defenders who would have not taken a case like that to trial BUT A PAID lawyer will make false claims and lie, They are in it for the money the more wins the more clients he or she will get, so stop with the morality crap nobody buys it . 30 yrs in law enforcement ( retired ) last 18 as Detective . I saw it too many times.

[muhsinbustillo]

I’ve watched a few of these videos now and nobody seems to really answer the question in a non perfect political way.

The question people are asking judges is how can you sleep at night knowing you’re keeping a liar and scumbag out of prison. The answer for many is the ridiculous amount of cash people are willing to pay you to let someone else take the hit instead of them. Nobody has an issue letting due process and a fair trial take place.

The fact is with a good lawyer you can get away with a whole lot and let someone else rot in your place

[tooge]

I need a criminal OFFENSE attorney, know one ?

[fullaregrets]

I'm moreso concerned with how bad a totally guilty client screws over your defense.

[jonjon]

thats reality..the lawyer needs to defend the client whether guilty or not.

[Dee]

U have a right to a trial if u can afford it. Which is why the vast majority of people plead out.

[nadinekeating]

Bullshit.
Don't act like your only representing a person because they are "innocent until proven guilty in a court of law" because even AFTER a person is found guilty beyond a reasonable doubt by 12 of their peers (the jury)... You STILL file appeals and try to get them a new trial or try to have the sentence overturned, or pick apart every single thing to say your client wasnt "given a fair trial".
So, if you were to represent a person UNTIL they are proven guilty, that makes sense. But the fact that even AFTER they are found guilty, you STILL try everything in your power to undo that guilty verdict is where you fail. At that point, you know you are representing a guilty person and you still try to make it so these monsters, and these dangers to society get to walk free!
So, please... spare us the bullshit and just be honest.... just say the real reason why you choose to represent the worst of society... because you make big money doing so... and because their crimes had no impact on your personal life or the lives of your family!

Oh and I know you may think "well, I don't think the jury made the right decision, and that's why I continue to work for my client". But, that argument isn't a good one either. If your saying everyone deserves a defense and that's just how the justice system works... then you also have to accept that when you're client is found guilty beyond a reasonable doubt... thats also just how the justice system works. After that point, it doesn't matter what you think or of you agree that the jury's verdict was the right one. That person is guilty, they are sentenced and that's that.

[tooge]

how can a criminal defense attorney NOT totally believe the innocence of their client ?

[drummachine]

The second we find out the person is guilty, there needs to be an exceleration towards sentencing. No more delays....no trying to get them off the hook.

[Ded-Miron]

what if suspect tells zou that he did it? And you know that Offence is wright?

[guillermorobledo]

Defending a criminal should be a crime.
We need more Righteous people occupying Law enforcement jobs as well as weeding out those that don't have a good moral compass.
We need more cameras on the streets.
Only the wicked complain about increase in cameras or when their "freedom" threatened.

[mattseaman]

Lawyers don’t have any moral compass. Simply because they can’t have one.
With that being said, I deeply despise those people.

[KovalchukSnipe]

Whatever morality you have, everyone deserves a defense.