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In reply to the discussion: Mark O'Mara is new Zimmerman Defense Lawyer [View all]jberryhill
(62,444 posts)49. I have no illusions about how courts and lawyers function
I am a lawyer.
You seem to believe that a defense attorney cannot in good faith represent a client he knows to be guilty.
That is simply not true.
I do not do criminal defense work, but if I had a client who came to me charged with a crime and told me he did it, then the question for me is "Can the state prove it?"
There is NO requirement that the defense provide any alternative explanation of what happened. The burden is on the state to prove its case at all time.
If I can raise doubts about the credibility or trustworthiness of the state's evidence or the state's witnesses, then the jury has to acquit.
And we do it this way in our system because we value something greater than whether any particular guilty person is convicted or not - and that precisely is JUSTICE - the only thing that stands between us and a totalitarian state. It's not subject to passion, outrage or results. It is enshrined in the Bill of Rights, without which guarantees our Constitution would not have been ratified; these rights were that important.
EVERY person - EVERY GODDAMNED PERSON CHARGED WITH A CRIME - is ENTITLED to be informed of the charge of against him or her, to have compulsory process for obtaining evidence and witnesses, to confront his or her accuser, to have assistance of counsel, not to be compelled to testify against him or herself and a whole raft of things and their consequences which are FAR MORE IMPORTANT THAN WHETHER GEORGE ZIMMERMAN IS CONVICTED. It is what defines the greatness of our system of government as conceived, give or take implementation problems and social circumstances that keep us from accomplishing that ideal. But, over the long run, we get better at it.
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are you seriously advocating denying people the best legal defense they can afford/obtain?
mike_c
Apr 2012
#5
But defense attorneys ALSO have an ethical duty to promote JUSTICE not just their client's innocence
BanTheGOP
Apr 2012
#6
The *key* here is that Zimmerman has the right to *any* defense he can obtain. End of story.
SlimJimmy
Apr 2012
#11
Representing their client WITHIN the constraints of justice... But Justice is more important
BanTheGOP
Apr 2012
#18
I love the "Boston Massacre" case because it illustrated perfectly our model of justice.
SlimJimmy
Apr 2012
#89
What do they mean by "legal expert" --is he just some clown they call in when there's a big case,
MADem
Apr 2012
#16
The fact that you cannot fathom why any attorney "worth his constitutional salt"
PA Democrat
Apr 2012
#92
The only thing more EMBARASSING than this OP is the fact that 6 people rec'd it. n/t
K Gardner
Apr 2012
#45
Oh lord.. people have tweeted it. Are people actually reading it or just looking at the title
K Gardner
Apr 2012
#50
heard the phone call this morning on 105.1 from the mother of the main witness
Roland99
Apr 2012
#88