When a lawyer is presented with a case in which their client is guilty, it can be an incredibly difficult situation. As an officer of the court, it is the lawyer’s responsibility to provide the best representation possible, regardless of the guilt or innocence of their client.
In our courts each “player” in the system has a different role. It is not the lawyer’s job to decide the guilt or innocence of the defendant. That is the jury’s role. It is not the judge’s role to decide guilt either…his job is simply to make sure the trial rules are applied fairly. It is not even the prosecutor’s job to decide guilt… his job is to present the facts to the jury and have them decide guilt.
In doing his job, there are some tactics that an experienced lawyer can use to help defend a client they know is guilty.
A lawyer may be able to successfully challenge the evidence presented in court and argue that it is not enough to prove that their client is guilty beyond a reasonable doubt. Additionally, the lawyer can focus on any legal or procedural errors that may have been made by the prosecution and argue that these violations may render the evidence inadmissible. Further, a lawyer can also focus on mitigating factors. This means that even if their client is guilty, the lawyer can argue for a lesser sentence. For example, if the crime was committed under duress or due to a mental health issue, the lawyer can argue that their client should not be held responsible for the full extent of their actions. Finally, a lawyer can also work to ensure that their client is treated fairly during the proceedings. This includes making sure that the client’s rights are respected, that they are given due process, and that the judge and jury treat them with respect.
In the end, it is important to remember that the goal of any defense lawyer is to provide the best representation possible for their client. Even if the lawyer knows that their client is guilty, they must still do everything in their power to defend them. That is his role in the system.