Why does a criminal defense lawyer defend a client who is guilty of committing a crime? This is a question that must have popped in everyone’s mind at some point in their life and the lawyers must also have been asked the same question a million times. So what is the answer to this question? Well, it is a question about morality just like what is right and what is wrong. All the Cobb County defense attorneys have faced this situation and question in their legal career. Lawyers are the ones who face ethical dilemmas most.
Let us try to understand this question and its answer.
What is factual guilt and legal guilt?
Whether a person has actually committed the crime or not is known as factual guilt. But trials are not done to determine the factual guilt. The purpose of the trial is to determine the legal guilt i.e., whether the prosecution lawyer can prove that a person has committed the crime or not. The job of Cobb County defense attorneys is not to determine the guilt or innocence of their client. Their job is to present a fair case, prevent the integrity of the system with honesty, and that is the reason that they take every step to defend their clients.
The prosecution is assigned with the job to determine the guilt of the accused and it is not the job of the criminal defense lawyer to do the same. The prosecution has the power to do everything possible or within their capabilities and within the law to prove the guilt of the defendant. The defense lawyer is assigned with the job to everything as per their capabilities to prove the defendant innocent and get him/her acquitted, whether they have been charged with murder, theft, assault, DUI, or anything.
Protecting the innocent
Under the law, a person is innocent until proven guilty. There are many cases when an innocent is charged and sentenced for a crime that he/she never committed. Now the question is, who was responsible for their sentencing? The answer is the prosecution, whose job is to prove the defendant guilty. The defense lawyers are required to do everything possible for them, within the law, to defend their client as there are chances that he/she might be guilty, and if they hesitate from their job, an innocent might be unfairly sentenced. The criminal lawyers in Cobb County work tirelessly at the job assigned to them to prove the innocence or guilt of the defendant, as the work has been assigned to them. Hesitation or incapability on the part of prosecution or defense lawyer may sentence an innocent person or acquit a guilty person, both of which are bad.
Everything a person does involves an amount of self-interest. We can do good things or bad things, but both of the acts will be inspired by some self-interest. The same is the case with defense lawyers. They go up and beyond everything to prove that their client is innocent out of self-interest. For example, in case the lawyer who is defending a guilty person is accused of some crime, then he will also want the same defense as he has given to his clients. It is their right to be defended from accusations, just like every other person. If they hesitate from defending their clients, they are depriving them of their right to be defended in a court of law.
Ensuring fair society
The rule of law requires the lawyers to defend their clients, no matter what the situation is. In the absence of attorneys, the determination of guilt or innocence will be left in the hands of the police department. They will control the entire legal system by becoming the judge, jury, and executioner on their own, as every evidence collected by them will be admissible for them. It will create a situation of chaos. That is the reason why Cobb County criminal attorneys go beyond their capabilities to defend their clients. And then the judge and jury decide whether a person is guilty or innocent on the basis of evidence, witness and arguments presented in front of them. Juries are selected from the common citizens in a way that they can decide the result without any partiality. They determine the guilt or innocence of the defendant and help in ensuring that the law and justice prevail in society.
The lawyers never ask their clients if they are responsible for the crime or not. They have to consider all the possible options such as maybe the client is protecting someone he/she knows, is not actually aware of the crime completely and thinks that he/she is responsible, maybe the client is responsible for a lesser crime than he/she is charged with, etc. A fair and strong defense is always required to prove the guilt or innocence of a person and to prevent the innocent from unfair sentencing.