Should lawyers work hard to defend a client they think is guilty?
Lawyers should defend their clients even though they commit crimes. On May 21, 2014 in Taiwan, an outrageous social case, a random killing spree, occurred on the Taipei MRT. This social event triggered citizens’ anger. A majority of people advocated that the killer (Tzeng Jai) should be sentenced to death; besides, they vented the dissatisfaction on the Tzeng Jai’s lawyer (Leon Huang). Those blamed the counselor for an immoral and cold devil. Despite the public pressure and the parents’ disagreement, Leon Huang still took the case and defended the client who is guilty. Leon Huang (2018) said that in the field of justice, there are no differences between the accusers and accused for defense attorneys; therefore, all lawyers have the obligation to assist and defend their clients. Thus, considering the lawyers’ professional ethics, the presumption of innocence and the clients’ criminal motivation, attorneys should try the best to defend their clients whether they are guilty or not.
First, people from all walks of life need to abide by the professional ethics and lawyers are no exception. When it comes to lawyer’s duty, they have to serve clients and help them to acquit or reduce the sentence. If lawyers fail to do the obligation and passively defend their clients, they may deprive of clients’ right and put them in an unequal situation. Besides, in the process of judicial system, finding and catching the suspect is polices’ job, then speaking for a client is lawyers’ duty, and finally judges have to sentence a criminal to life or death. Therefore, the eventual verdict depends on the judges’ decision, not on the lawyers’. In addition, in the trial, the accused and the accusers are entitled to have the lawyers’ assistance. If there is no one to stand up for a wrongdoer, the justice system cannot be balanced. To prevent this situation, attorneys need to fight for their clients’ right. In the field of law, attorneys should serve clients, helping them to win the lawsuits or reduce the sentence.
Furthermore, according to the presumption of innocence, all the suspects should be identified innocent until proven guilty. That is to say, before affirming conviction, lawyers have to believe clients and help them by all means. The presumption of innocence is worried about the innocent people for being sentenced. In Taiwan, there are numerous misjudged cases. Some may be executed to deaths and they couldn’t gain the justice at the last moment, or others were put in jail for a few years and eventually they were proved innocent. For instance, there was a well-known misjudged case, Hsu Tzu-Chiang’s death penalty. According to Taipei Times report (2016), Hsu Tzu-Chiang was accused of kidnaping and murdering a businessman in 1995; however, over the 21 years, he was acquitted. Because of the assistance of lawyers, he eventually gained the freedom and his compensation. In order to reduce the misjudged cases, attorneys should believe clients’ testimony, work hard to collect the helpful evidence and defend them on the court. By realizing the presumption of innocence, we can avoid the injustice judgement in Taiwan.
The opponents may argue that people should pay for the wrong they do. Based on the retributive justice, those who commit an illegal act, they deserve to suffer from the equivalent punishment. Thus, opponents may hink that lawyers shouldn’t work hard to defend those who are guilty. However, in the past judgements in Taiwan, not all the criminals were proved to be sinful villains. The attorneys have to realize the criminals’ motivation. In some cases, the accused are underprivileged minority in our society, including battered women, ill-treated children or starving elderly. In order to protect themselves or their beloved, those people may end up having no choice but to commit the crimes when being threatened. For instance, supposed that a wife had endured the domestic violence in a long term. Once in the process of resisting her spouse’s abuse, she accidently killed her husband. Under these circumstances, lawyers need to fight for the defendant’s right and do the best to reduce the sentence. Besides, because the accused usually aren’t familiar with the regulations and the judicial procedure, they are easily in the unequal position on the court. Thus, the accused need to have the attorneys to protect their rights. Understanding the criminals’ motivations of perpetrators and reducing the unequal position on the court are also the lawyer’s duty.
Before the judge determined the judgement, each individual possesses human equality by law, and so do the suspects. Therefore, attorneys have to defend their clients on the court with all efforts. Lawyers should obey the professional rule so that the justice system can be trusted by the public. Aside from abiding by the lawyer’s ethic, lawyers need to believe the clients’ testimony, and collect potential evidences from their clients based on the presumption of innocence. In addition, instead of striving to sentence the wrongdoers and put them into jail, the most important thing is to understand the criminal’s motivation and stand up for those who are downtrodden. Thus, giving voice for the accused is attorneys’ duty on the court.
References
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Pan, J. et al.(2016).Final ‘not guilty’ for Hsu Tzu-chiang.Taipei Times.
2. 詹婉如 (2018).「壞人」辯護律師心聲 黃致豪律師:他們没有臉. 民報
https://www.peoplenews.tw/news/04e0aa33-f838-48b3-98ab-bf9dae13401d