Many people ask about a lawyer’s conscience and wonder how a lawyer can defend a criminal—let alone a murderer?
I will answer:
1. A lawyer does not justify; a lawyer defends—that is, ensures that rights and legally enshrined guarantees are upheld (how many people have been sentenced to death who did not actually commit crimes, even though everyone believed their guilt was obvious).
2. I don’t think that defending even a guilty person is a sin, since the Bible itself speaks of Judgment—the Last Judgment—rather than an automatic determination of one’s fate and punishment.
3. Not all people who have committed crimes are subject to criminal liability (those not yet convicted), and in some cases—as in the example given—the participation of a defense attorney is mandatory by law, regardless of the suspect’s or defendant’s wishes.
4. As for conscience, a lawyer’s—just like a doctor’s—is professional, and a lawyer’s conscience will be tainted only if the lawyer has failed to provide a defense using all lawful means, which is precisely what is enshrined in the lawyer’s oath!
Author: Denis Ponomarenko, Partner at Barristers, LLC