Attorneys' Ethical Responsibility

Essay by Dragonlover67College, UndergraduateA, May 2009

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My job as a defense attorney is to know the constitution. Defending the accused is the most sacred role that an attorney can perform. Furthermore, a defense attorney is a valuable part of the justice system; without one, our constitutional guarantees would be meaningless. I do not intend to abandon my constitution, or my oath. If I did, then who would protect and defend me?I have to say that I have serious thoughts about criminals (who commit heinous crimes) and still have rights; of the constitution, and those who are truly innocent still become suspects and-or are incarcerated. I tend to get perturbed because my client, Sy Kopath, obviously broke into a couple's home, robbed them of their belongings; including jewelry, and tortured and killed them (Thomson and Wadsworth, 2005, pp. 257-258). In addition, he confessed this to me and I know all about the oath of client/attorney privilege.

According to Thomson and Wadsworth (2005), my client was not read the Miranda Warning and he seemed to be coerced into a confession while I was not present (pp.

257-258). Even though this is just a technicality, this mistake by law enforcement may allow my guilty client his freedom. Consequently, I do have the knowledge and faith that his guilt could be revealed in a trial and-or courtroom (with a jury). However, unfortunately, I must follow the deontological ethic; being a defense attorney, I must allow the jury to decide if the evidence against my client proves his guilt. I cannot, even with the knowledge of his guilt, show animosity in the courtroom. I must give the client a full defense. The right to be innocent until proven guilty and the right to a fair trial is part of the constitution. I must proceed with the case and share the loophole...