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<blockquote class="Quote"><div><strong class="bc-author">Rockadelic</strong> said:</div><div><blockquote class="Quote"><div><strong class="bc-author">BobDesperado</strong> said:</div><div><blockquote class="Quote"><div><strong class="bc-author">Rockadelic</strong> said:</div><div>Our Judicial System is supposed to protect the innocent and punish the guilty.<br /> <br /> Facilitating the punishment of the innocent or the freedom of the guilty is an aberration of justice.<br /> <br /> Those who knowingly facilitate these results should at worst be prosecuted and at best be barred from participating in the process.</div></blockquote> <br /> You have a fundamental misunderstanding of our system of justice. You should do some thinking about the presumption of innocence in order to remedy that.</div></blockquote> <br /> The word "knowingly" effectively overrules presumption.<br /> <br /> There are only three sentences in my post above, which one(s) do you disagree with? <br /> </div></blockquote> <br /> No, it doesn't. A defense attorney who knows his client is guilty is still obligated to give that client a fair and vigorous defense, within limits. An attorney isn't supposed to suborn perjury, for instance. But attacking the state's case on procedural grounds or based on general civil rights is not just an attorney's duty to his client, it's a duty to the overall system.<br /> <br /> What do you think an attorney who knowingly has a guilty client should do? Resign? Show up the first day of the trial with a sign on his chest saying "The Fucker Did It"?<br /> <br /> The old saying is "better a hundred guilty men go free than one innocent man suffer." That concept goes back to English Common Law and I don't see any reason to dismiss it.<br /> <br /> And so I disagree with sentences #2 or #3, with exceptions. Certainly any prosecutor who knowingly prosecutes an innocent defendant should be prosecuted and disbarred, as should a defense attorney who suborns perjury.
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