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Suppose a defense lawyer strongly suspects (to the point that he would be willing to bet a large amount of money on it) that his client has committed the crime he charged with. Would it be right or wrong for him to encourage the jury to deliver a "not guilty" verdict?

September 22, 2008

Response from Allen Stairs on September 25, 2008
At least in the USA, the premise of the criminal justice system is that the burden is on the state to establish guilt "beyond a reasonable doubt." And there are various reasons why we might want to stick to that standard. It's not a good thing when a guilty person goes free, but it's also not a good thing when the state has low standards for establishing guilt. And so the usual idea is that everyone is entitled to a vigorous defense. Even if the lawyer believes in his/her heart of hearts that the client is guilty, the question for the judge and jury is whether the state's arguments and evidence make the case.

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