Ethics in the Management of a Criminal Case

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This lecture will involve an attempt to resolve the legal ethics in the defense of a criminal case. Any inquiry on professional ethics must involve the dilemma of either betraying the confidential communications of the client or participating in the deception of the court. 

Is it proper to cross-examine for the purpose of discrediting the reliability of an adverse witness whom you know to be telling the truth; is it proper to put a witness on the stand when you know he will commit perjury; is it proper to give your client legal advice when you know he will commit perjury; is it proper to give legal advice when you have reason to believe that the knowledge you have given him will tempt him to commit perjury? How does the attorney function in an adversary system based upon the presumption that the most effective means of determining truth where there is a clash between proponents of conflicting views? These questions will prompt answers that give rise to the professional responsibility of the criminal defense lawyer.

Answers to these questions bring forth conflicts between the defense and prosecution that have divided the legal community.

 

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