opinons/facts please!
for a research paper/debate in my AP Lit. class.
:)Should lawyers be prohibited from presenting a false case?
The rule in the UK for defenders is basically this (and I guess it's the same in the USA). If a client instructs you that he/she wishes to plead 'not guilty', then it is your duty to defend her/him to the best of your ability. If, however, he/she says they are guilty but instructs their lawyer to plead them not guilty, then the lawyer must persuade them to change their mind but if they will not do that decline to act further. No lawyer is permitted to knowingly mislead the Court.Should lawyers be prohibited from presenting a false case?
Of course not.
They are.
It's a violation of the canons of ethics for a lawyer to present evidence he knows is false. A lawyer who does so can lose his license.
Richard
The lawyer is not sworn in. If a lawyer lies during a case, it's not perjury. Because lawyers don't actually testify, they only 'conduct' the case. If a case is completely false, meaning that all the testimony is perjury, then yes, a lawyer should be punished as well. But a lawyer can't be blamed for one witness lying, or for someone getting facts wrong, 'remembering' more than he actually saw.
A lot of times it's hard to get the actual facts. Sometimes there are facts that nobody on either side really knows. You can't always blame a lawyer for that. This is an adversarial business, and the idea is to win. You can hardly blame a lawyer for wanting to win for his client.
Lawyers have a strict ethical code, and lawyers that break it can lose their licenses. I think that's good enough, though sometimes I wish the ethical code was a little stricter.
No, because it is not possible to prevent this. The purpose of the trail is to determine what is false and what is true. If a murder suspect testifies he was at the movies and the prosecution presents evidence that he was at the murder scene, it is the jury's' job to determine who to believe. After they make this decision, we can't hold the lawyer they decide against liable for presenting a false case. What a lawyer can not do is coach a witness to lie, or present manufactured evidence. As long as the lawyer didn't tell the suspect to lie, there is no problem.
They already are. Its against the rules of civil procedure, ethics rules, and statutes, in every state I know of. No lawyer is ever allowed to present a case that is knowingly false, or that is frivolous or irrelevant.
yes
like in framing?
of course. that is a betrayal of the trust of their office.
their job is to present the facts to the best of their ability and knowledge.
for them to fabricate evidence and make up stories is malpractice.
Define false case.
As a defense lawyer, you can pretty much put out anything that is remotly credible that entertains an element of doubt in faavor of your client.
Yes,but you'd need a battery of lawyers to do it.
They should do what ever helps their client.
If we did that over half the lawyers would be out of work!!
I think we need to allow them to present what cases they want but if they lose, they, not the client, has to pay the legal fees of the other side.
they teach in law school that your job is to represent your client regardless of if you think the person is lying. Lawyers are unethical, yes
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