Tuesday, December 27, 2016

The way what prosecutors justify putting innocent people in prison

8:51 AM Posted by Unknown , No comments
This is what explains the topics above, including the why fairness is protected:
We know that this gets asked all the time of defense attorneys (no idea why prosecutors get to be heroes 100% of the time, despite the fact that sending innocent people to prison is a far worse crime to society than a guilty person going free, in my humble opinion), and it always stems from a misunderstanding about the system.
In an adversarial court system, the prosecutor represents the State (or the Crown in some places). They are there to present the State’s case against the defendant. It is the prosecutor’s job to attempt, to the very best of their ability and through whatever (legal) means they can to find the defendant guilty.
The defense attorney’s sole job is to represent the defendant and ensure that they receive proper legal representation in court. All defendants are innocent until proven guilty, remember? The defense attorney must, by all methods, seek to prove their defendant not guilty. That is their job. If a defense attorney helps their “monster of a client” escape justice, then they did their job. You know who didn’t do their job? The prosecutor. They clearly did not argue their case properly, or missed key witnesses or pieces of evidence that would have sold their case, but they didn’t obtain what they needed. They failed.
Everyone, and I mean everyone, is entitled to legal representation. That is guaranteed by law. Do not blame defense attorneys for doing their job, because you don’t like the outcome of the trial. This is how the system is designed. Instead, blame the prosecutor for not mounting a proper case against the defendant.

Additionally, The law has been designed to put only guilty people without a reasonable doubt into prison. The defense attorney has to prove that there is a reasonable doubt, he doesn't know if his client is actually guilty or not. If there is ample evidence to prove in court, then he would ask his client to take a plea deal. A defense attorney cannot lie or make up stuff to help his client go Scot free. He just has to ensure that all procedures are followed according to the law like search warrants or warrant to obtain DNA and not by force etc. Most cases defense attorneys don't know if their client is guilty or not as there is no concrete evidence, he steps in at that time. Earlier when there was no DNA evidence, people were persecuted, now when they do DNA tests they find out that they are not guilty. See how it works!! Next time you are arrested by the police, you should pray for a good defense attorney as you could be innocent but the evidence with the police or assumptions by the police says otherwise.

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