- How can you defend some accused of a crime?
The best answer ever given, by Supreme Court Justice Byron White
in the landmark case of United States vs. Wade, 388 U.S. 218
(1967):
Law enforcement officers have the obligation to convict the guilty
and to make sure they do not convict the innocent. They must be
dedicated to making the criminal trial a procedure for the
ascertainment of the true facts surrounding the commission of the
crime. To this extent, our so-called adversary system is not
adversary at all; nor should it be. But defense counsel has no
comparable obligation to ascertain or present the truth. Our
system assigns him a different mission. He must be and is
interested in preventing the conviction of the innocent, but,
absent a voluntary plea of guilty, we also insist that he defend
his client whether he is innocent or guilty.
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- The State has the obligation to present the
evidence. Defense counsel need present nothing, even if he knows
what the truth is. He need not furnish any witnesses to the
police, or reveal any confidences of his client, or furnish any
other information to help the prosecution's case. If he can
confuse a witness, even a truthful one, or make him appear at a
disadvantage, unsure or indecisive, that will be his normal
course.
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- Our interest in not convicting the innocent
permits counsel to put the State to its proof, to put the State's
case in the worst possible light, regardless of what he thinks or
knows to be the truth. Undoubtedly there are some limits which
defense counsel must observe but more often than not, defense
counsel will cross-examine a prosecution witness, and impeach him
if he can, even if he thinks the witness is telling the truth,
just as he will attempt to destroy a witness who he thinks is
lying. In this respect, as part of our modified adversary system
and as part of the duty imposed on the most honorable defense
counsel, we countenance or require conduct which in many instances
has little, if any, relation to the search for truth.
Some fine day, you or someone close to you will be arrested and
charged with a criminal offense. That person may or may not be
innocent, but you will pray that he or she is defended against the
overwhelming forces of the government by a competent attorney.
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