Ethical Considerations & Responsibilities of Defense Attorneys in Representation

Ethical Considerations & Responsibilities of Defense Attorneys in Representation

Daniel P. Ortiz

Norwich University

Author Note

As a Military Intelligence investigator of sixteen years, I have gained a natural affinity to the Criminal Justice system during Army service. Although Intelligence investigations are limited to crimes of National Security and not the traditional crimes a Military Police officer would investigate, the ethical principles are still very much applicable to this very narrow field of expertise. During my tenure, I investigated one potential insider threat that led to a court martial and several National Security violations of varying levels. I have also served as a security liaison for the US Embassy in Niamey, Niger and Vilnius, Lithuania.

Author: Daniel P. Ortiz; Student at Norwich University; PHLS324L: Criminal Justice Ethics

Address correspondence concerning this student paper to Daniel Ortiz; Norwich University Contact: dortiz2@stu.norwich.edu

Academic Primer

“Lake Pleasant, N.Y., June 19 - Two lawyers for a man on trial here for murder did not disclose for six months that they had seen the bodies of two other people killed by their client because, they said, they were bound by the confidentiality of a lawyer-client relationship.[pic 2]

The court-appointed attorneys said today that their client had told them where to find the bodies of two missing women. They photographed the bodies, they said, but did not report the discoveries to authorities searching for the murder victims.[pic 3]

The lawyers also said they had kept their discovery from the father of one of the women, who had visited them in the hope that they could shed some light on the disappearance of his 20 year-old daughter.

"The information was so privileged - I was bound by my lawyer's oath to keep it confidential after I found the bodies," said Francis Belge, one of the two lawyers representing Robert Garrow. Mr. Garrow, a 38 year-old mechanic for a Syracuse bakery, is accused of fatally stabbing Philip Domblewski, and 18 year-old Schenectady student who was camping in the Adirondacks last July.” (New York Times)

"We both, knowing how the parents must feel, wanted to advise them where the bodies were, but since it was a privileged communication we could not reveal any information that was given to us in confidence." - Francis Belge

[pic 4]

Abstract

Suddenly every media outlet broadcasts the tragedy of a prominent woman murdered in a violent crime. The women’s family; distraught speaks words of grief, vengeance and steadfast resolve to apprehend the guilty party. It is a media sensation, friends, neighbors related to the crime are all too eager to feed their opinions to devouring journalist. Law enforcement is investigating the crime; soon there will be lawyers, an emotional trial, and a foreseeable sentencing. Interpretations of this story occur in one form or another every day in nearly every American city. Defense attorneys have their roles to play and sometimes these roles demand extraordinary steps that appear to be outside of the traditional confines of ethical behavior. Lawyers possess intricate knowledge of the crime; they may feel compelled to position the evidence to convince others of their point of view.  This paper will address the motives to obtain an acquittal for their client, regardless of the crime or knowledge of guilt. Sometimes these influences are a based on virtues, values, principals and the obligations of the defendant involved. To analyze the ethical issues a defense lawyer may experience, we will explore these ethical considerations and the potential for harm and consequences for various positions in a typical criminal proceeding.

Ethical Considerations & Responsibilities of Defense Attorneys in Representation

Zealous Representation of Client

The American Bar Association (ABA) bounds lawyers to a standard of ethics that require strict adherence. These standards enforce professional conduct that maintains the highest degree of credibility to the profession and is the motivation for all persons in the practice of law. These standards are the foundation of the judicial system in America that are essential for the system to function. The prosecutor represents the people makes a concerted effort to prove the allegations beyond a reasonable doubt. The defense must demonstrate their client's innocence at the risk of loss of rights and liberty. They stand accused of a crime to varying degrees of culpability in which a judge will levy a proportionate penalty. The defense is obligated to “represent a client zealously within the bounds of the law” (ABA). Defense lawyers attempt to get the best deal possible for their clients even if that means a conviction. By doing so, they have adequately represented their client and upheld ethical standards. If it were common knowledge that defense lawyers did not have their clients best interest in mind, then people would cease to seek professional representation by opting to represent themselves.