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  1. #1
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    Dec 2005
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    Default Perjury

    If the defendant tells his lawyer he killed a man, and at trial the prosecutor then asks the defendant if he killed the man, is the defense lawyer allowed to let the defnedant comit pergury?

  2. #2
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    Default Legal Ethics

    We get into all sorts of interesting issues with this type of hypothetical....

    Given the circumstances you describe, the defense attorney is not presenting false testimony. The testimony is being elicited by the prosecutor on cross-examination. The defense lawyer can't object without betraying a client confidence; most likely, the defense attorney would simply opt not to engage in any redirect.

    Some attorneys argue that even if your client confesses to you, you have some latitude to argue that your client may be lying. (False confessions do occur, after all.) Of course, that's usually a rationalization.

  3. #3
    Join Date
    Dec 2005
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    Default More Direct

    Thanks for the quick reply,

    Given the same situation, can a Defense attorney, knowing his client is guilty, ask the client on the stand are you guilty

    can the attorny tell the jury in his statments "my client is innocent"
    knowing he is guilty?

  4. #4
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    Default Re: More Direct

    Quote Quoting Drew
    Given the same situation, can a Defense attorney, knowing his client is guilty, ask the client on the stand are you guilty
    Yes, but it would be a stupid question to ask. If the client were to lie, the attorney would probably be ethically obliged to stop examining the client or to make an awkward motion to withdraw (outside of the presence of the jury).

    Quote Quoting Drew
    can the attorny tell the jury in his statments "my client is innocent" knowing he is guilty?
    Aside from the rationalization to which I previously alluded, there are plenty of ways to do that - "My client is presumed innocent"; "As the judge instructed you at the start of this case, my client is innocent unless the prosecutor demonstrates beyond a reasonable doubt...."; etc.

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