Posted: 5/24/2012 6:24:14 PM
But it is not the role of a defense lawyer to save the world or the country. His job — his only job — is to get the best result for his client, by all legal and ethical means.
Listen to the way a famous British barrister put it in 1820:
"An advocate, by the sacred duty which he owes his client, knows, in the discharge of that office, but one person in the world, that client and none other . . . Nay, separating even the duties of a patriot from those of an advocate, and casting them, if need be, to the wind, he must go on reckless of the consequences, if his fate it should unhappily be, to involve his country in confusion for his client's protection."
The prosecutor's job is far broader: to do justice to the defendant as well as the alleged victim. As the Supreme Court has said: "The government wins . . . when justice is done."
Let me just say that I love this excerpt. I mentioned the same thing in other threads regarding the prosecution. Even though the honorable djbrow never gave me credit for it.
The prosecution has a responsibility to the defendent to not let a recklessly prosecuted case get to a jury who can issue an equally reckless virdict.