Ethical and Moral Dilemma of a Defense Lawyer Essay

According to my opinion upholding the law is a critical element in keeping the society in order. The latter, however, does not mean that we should blindly follow the rules at the expense of our humanity. Defense lawyers are bound professionally to be by the side of their clients and ensure they get fair treatment for crimes accused. However, when the situation is turned around, and individuals are building the best defenses to help them in getting away with capital crimes such as murder then the system responsible for upholding the law is cheated. Depriving someone of life is a crime that must not only be considered as any crime. If the society made it an exception for murder to be just, then the law itself and the society governed by the law would cease to exist. It is a dehumanizing act and a waste of time for the court if the law can be manipulated to protect individuals whom a third party is well aware they are guilty. So unless the confession was coerced forcefully by the third party, humanity should thrive. Furthermore, lawyers should not pick to completely liberate a side that requires some form of punishment for their wrongdoing. If known by ones defense lawyer that their client was guilty of the accused crime, one should be liable to justice either in the form of retributive or subjective punishment. However, they should not to be wholly acquainted of the offense. Professionalism is depriving the society an ability to understand the real purpose of the law and real justice, at the expense, the same vicious cycle of heinous crimes committed against each other continues to persist.

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After reviewing the course materials and watching the presentation, my comprehension of the law is put to question. The criminal law is found to have little concern regarding the laws of man and how they interact. However, its sole purpose is to protect the community from consequences emanating from individual or group acts that are deemed inimical to the welfare of the general public (Hall, 2010). According, Gillers, a defense lawyer's morality lies in their ability to uphold the constitution (Newton, 1989). The kind of defense offered also depends on the moral ground of the lawyer representing the accused. Some lawyers such as Gillers in the case of John Barnes may put professionalism first, even at the expense of their values. Gillers is willing to defend John despite the repulsive nature of the case - Murder. Other lawyers may choose to utilize the autonomy given to refute cases that are contradictory to their ethical beliefs. However, after taking a case, the lawyer's sole purpose is to represent his client and check laws established to ensure mere accusations do not turn to guilt due to factors such as the attention given to a case (Watrous, 1892).

Additionally, divulging information given within the bounds of attorney-client privilege is a violation of the code of ethics for a defense lawyer. James Neal identifies disclosing such information is an act that may result in disbarment or felony accusation to a defense attorney (Newton, 1989). Unless such information is in contempt of the court an attorney's divulgence of such information is a violation code of ethics for the office he/she represents. Therefore, a defense attorney has to diligently aim to prove the innocence of his/her client even with the knowledge of past crimes not related to the one accused. Litman points out that attorney-client privilege extends beyond the value of man's life (Newton, 1989). However, as Ellen Yeroshefsky points out, to be zealously defended, it is vital not to burden the defense lawyer with the knowledge that they are fighting for a lost cause ("Ethics in America-to defend a killer", 21:20). Therefore, defense lawyers are only given an allowance to side with what society considers to be morally right before taking a case. After taking a case, that morality is mainly guided by the professional code of ethics.

Conclusion

The work of a defense lawyer is not an easy one, considering they have to work against both personal and societal beliefs. A defense lawyer's morality is therefore not guided by divine factors but by positive law. Providing representation to the accused whose words cannot be taken as truth or lies. Hence, guilt or innocence has to be proved with a defense attorneys help. On the other hand, the media and unjustified hearsay play a significant role in convicting both the guilt and the innocent. But justice to those accused of a crime is more about following the established rules and existing laws to offer the accused a fair trial. Defense lawyers have to break the cycle and prove that the painted picture of their clients as an embodiment of evil is not true. The respect for positive law by going against the common belief upholds professionalism, however, it also affects the lawyers psychologically as they constantly question whether they are doing the right thing.

References

Ethics in America-to defend a killer. ANNENBERG. Retrieved on 12th July from https://www.learner.org/vod/vod_window.html?pid=192

Hall, J. (2010). General principles of criminal law. The Lawbook Exchange, Ltd..Newton, L. H. (1989). Ethics in America study guide.

Watrous, G. D. (1892). Moral Right to Defend the Guilty. Yale LJ, 2, 41.