[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.brodenmickelsen.com\/blog\/how-can-criminal-defense-lawyers-stand-representing-child-molesters-and-murderers-etc\/#BlogPosting","mainEntityOfPage":"https:\/\/www.brodenmickelsen.com\/blog\/how-can-criminal-defense-lawyers-stand-representing-child-molesters-and-murderers-etc\/","headline":"How Do Criminal Lawyers Morally Represent Child Molesters and Murderers?","name":"How Do Criminal Lawyers Morally Represent Child Molesters and Murderers?","description":"James Holmes, Jeffery Dalmer, Eric Williams; all of these individuals have been represented by criminal defense attorneys. I\u2019m often asked, and I know that many people want to ask but think it impolite to do so, how can I stand to represent people who have committed horrible crimes? A related question is, \u201cHow do you...","datePublished":"2021-12-20","dateModified":"2024-05-22","author":{"@type":"Person","@id":"https:\/\/www.brodenmickelsen.com\/blog\/author\/kissprblog\/#Person","name":"Broden & Mickelsen, LLP","url":"https:\/\/www.brodenmickelsen.com\/blog\/author\/kissprblog\/","identifier":11,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/bd70e3cfe21ebfb97a169f95da73c8b9fdb6accce8b9ecb2173146feb882a8ea?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/bd70e3cfe21ebfb97a169f95da73c8b9fdb6accce8b9ecb2173146feb882a8ea?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Broden, Mickelsen LLP","logo":{"@type":"ImageObject","@id":"https:\/\/www.brodenmickelsen.com\/wp-content\/uploads\/2022\/08\/Broden-and-Mickelsen-Logo.png","url":"https:\/\/www.brodenmickelsen.com\/wp-content\/uploads\/2022\/08\/Broden-and-Mickelsen-Logo.png","width":378,"height":77}},"image":{"@type":"ImageObject","@id":"https:\/\/www.brodenmickelsen.com\/wp-content\/uploads\/2022\/08\/how-can-criminal-defense-lawyers-stand-representing-child-molesters-and-murderers-etc.jpg","url":"https:\/\/www.brodenmickelsen.com\/wp-content\/uploads\/2022\/08\/how-can-criminal-defense-lawyers-stand-representing-child-molesters-and-murderers-etc.jpg","height":334,"width":500},"url":"https:\/\/www.brodenmickelsen.com\/blog\/how-can-criminal-defense-lawyers-stand-representing-child-molesters-and-murderers-etc\/","about":["Criminal Defense","Violent Crime"],"wordCount":673,"keywords":["violent crime"],"articleBody":"James Holmes, Jeffery Dalmer, Eric Williams; all of these individuals have been represented by criminal defense attorneys.I\u2019m often asked, and I know that many people want to ask but think it impolite to do so, how can I stand to represent people who have committed horrible crimes? A related question is, \u201cHow do you represent someone who you know is guilty?\u201dMy stock reply to the first question is, \u201cAll of my clients are innocent.\u201d\u00a0 Of course, I and everyone who asks this question knows this is not true but I ask it in order to challenge the assumption that all of my clients are guilty.\u00a0 My stock reply to the second question is, \u201cWhy didn\u2019t you ask\u00a0how I felt when a client I knew was innocent was found guilty?\u201d.Again, I attempt to challenge the assumption implicit in the question. In fact, criminal defense lawyers often have a difficult time relating to the concern expressed in these questions. Once one accepts the fact that criminal attorneys generally represent anyone who is charged with a crime, some of whom will be innocent, the concern seems misplaced. I think everyone would agree that some innocent people get arrested, and I think everyone would agree that a lawyer can\u2019t immediately discern the guilty from the innocent merely by having an initial meeting with the prospective client. If a lawyer then only represented clients who continued to maintain their innocence then many unnecessary trials would result. There would be few clients who accepted responsibility and pleaded guilty if admitting their guilt caused their lawyer to \u201cjump ship.\u201dAs a practical matter, then, lawyers tend to represent whoever walks through their door and can pay their fee. Most clients are in fact guilty and will eventually admit their guilt. Clients who go to trial are generally maintaining their innocence and have an arguable case as to why they are not guilty. The client who admits guilt usually seeks leniency in sentencing; a goal most criminal defense lawyers are happy to pursue. The criminal defense lawyer is simply not confronted with an ethical dilemma in these situations. This is not to say that a criminal defense lawyer is never presented with ethical dilemmas.An Ethical Dilemma for Criminal AttorneysA defense lawyer might represent a man charged with murder, for example, who admits his role in the crime yet nevertheless demands a trial because the consequences of a guilty plea are so severe. The rules that govern these uncomfortable situations are for the most part clear. The lawyer has no duty to get off the case, (in fact, few judges would let them), but may not knowingly put on perjured testimony. In other words, if a client says, \u201cYea, I killed him, but I\u2019m going to lie to the jury and say I didn\u2019t,\u201d the lawyer should not just close his eyes and play along. The lawyer should try to persuade the client not to attempt to \u201cpull the wool\u201d over everyone\u2019s eyes, (it really is difficult to fool twelve people), and allow the defense lawyer to try to persuade the jury that the State\u2019s evidence is insufficient. A client has a right to testify in his own defense, and if he insists on doing this while proclaiming the fact that he is committing perjury to his defense lawyer, the rules of ethics will guide the lawyer about his available options at this point. Those options vary from State. Thankfully this is a very rare circumstance.Effective Representation is Mandatory to Protect InnocenceThe shortest answer to the concern is that defense lawyers know that in order to protect the innocent every accused person deserves effective representation. They also understand every guilty person deserves a fair sentence, just as the victim of their crime deserves justice. The true nightmare of a criminal defense lawyer is representing someone who the lawyer feels is innocent yet being unable to prevent his client from being a victim of the criminal justice system."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.brodenmickelsen.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"How Do Criminal Lawyers Morally Represent Child Molesters and Murderers?","item":"https:\/\/www.brodenmickelsen.com\/blog\/how-can-criminal-defense-lawyers-stand-representing-child-molesters-and-murderers-etc\/#breadcrumbitem"}]}]