Defending Somebody Who Has Confessed To You

**itsme1** · 01-26-2008, 07:36 AM

Hi, I am taking a criminal justice course and one of our discussion questions are, if a client was charged with rape and murder of a child and confessed to you, could you as a defense attorney defend them? My first thought is yes, that is what I am in practice to do. However all classmates say no and argue that a defense attorney that could do that is only in the business for the money, fame, or because they have no morals. I can not imagine that to be right but do not know how to plead my case.

Any input?

(Texas)

**lwpat** · 01-26-2008, 08:00 AM

This is a moral issue, not a legal one. You are not required to take a client unless ordered by the court. What happens if you take the case and they confess to you in the middle of the trial? The judge is not going to let you withdraw. And even after they do confess, you cannot tell anyone unless they take the stand and lie. This is one of the situations you are going to encounter if you do criminal defense. The majority of your clients are going to be guilty. Does that mean our legal system should abandon those that are not guilty?

**itsme1** · 01-26-2008, 08:04 AM

Thank you.

**aaron** · 01-26-2008, 09:49 AM

You can defend a guilty client. Most guilty clients aren't interested in a trial - they simply want a good plea bargain.

You just can't intentionally present perjured testimony. When a client wants to commit perjury at trial, lawyers can face serious ethical issues (how to present the problem to the court without disclosing what the client intends; what to do if the court does not permit them to withdraw; etc.)

**itsme1** · 01-26-2008, 10:05 AM

I think my real frustration comes when class mates say that defense attornies are scum and in it for the money. I doubt that is the case and I believe they are in it because that is how our legal system is made up. However I hate to argue a case that I really do not know how to articulate what I am trying to say.
My thoughts are that we are all allowed a defense attorney because those are our given rights and because a person seeks a profession of a defense attorney does not mean he is in it for the money, fame, or because he is scum of the earth.

**itsme1** · 01-26-2008, 10:07 AM

So the conversation has switched from "can you defend.." to what kind of scum is the person who chooses to become a defense attorney. I just want these classmates to know my thoughts in that there are a lot of great defense attorneys that are attorneys because they believe in the legal system.