Why Criminal Lawyers Defend The Guilty: 10 Major Reasons


Why do criminal lawyers defend the guilty? It is a really common question that we all have in our minds. The person who is guilty has to be punished, the law says. Still, why do criminal lawyers fight for them?

Criminal lawyers actually play a crucial role in our legal system. A criminal defense lawyer does not only fight the case for a criminal, but the professional also helps to get justice to those who are the victim of any type of crime.

So, just because a criminal lawyer is defending the guilty does not mean the person is without any ethics and goodwill. There are several reasons behind criminal lawyers defending the guilty. And the law is giving them the right and permission to do that.

Why Criminal Lawyers Defend The Guilty: 10 Major Reasons

The law is far beyond our usual thinking process. And the law gives permission for defending the guilty to the criminal lawyers. And in order to know why you need to understand the law a bit more.

Here I will provide you some major reasons that will allow you to understand why criminal lawyers defend the guilty. So, let’s get started and get a closer look at criminal law.

Innocent Until Proven Guilty

As per the United States Constitution, till the time one’s guilt is not proven, the person is innocent. In Western Civilization, a presumption of innocence is one of those rights that are actually fundamental to all of the citizens.

It is the responsibility of the prosecution to prove your guilt. Simply charging someone with a crime is not enough. Here comes the role of a criminal defense lawyer. The professional represents the accused in order to ensure that the prosecution can prove their case actually.

Criminal Defendants Have Rights Under Our Constitution

Several fundamental rights are guaranteed to the criminal defendants by the United States Constitution. All these rights do not depend on whether you are guilty or not. These are given to each criminal defendant in every criminal case.

To be a nation of laws implies that upholding the law is the most important, even when we do not prefer the outcome that much. In case the criminal defendants have to defend themselves, there would be almost nothing to protect their rights.

It will end up providing the prosecution and law enforcement an unfair advantage. In our criminal justice system, criminal defense lawyers play a crucial role when it comes to ensuring that all those constitutional rights are upheld and protected as well.

The Fifth Amendment

As per the Fifth Amendment of The Constitution, there are four rights that are really vital for all criminal defendants. And they are as follows.

The Right To Grand A Jury

The prosecution must always first persuade a grand jury that the prosecution has enough evidence to support the charge to charge you with any serious crime. This way, law enforcement, and prosecutors will not be able to maliciously or frivolously charge you with crimes. They will not get the chance to harass you without proving the charges.

The Right To Be Free From Double Jeopardy

The very limitation against double jeopardy implies that you can not be prosecuted twice for the same case. In case you are tried for a crime, along with that, the jury also acquits you; for the same crime, the prosecution can not put you on another trial.


Protection Against Self-incrimination

Have you heard the term “pleading the Fifth?” Well, this one is referred to like that more often. For incriminating yourself, you can not be compelled at any cost. And it is applicable to different types of circumstances.

The very right to avoid self-incrimination offers you the right to stay silent at the time of getting arrested. In addition to that, it also prohibits the prosecution from compelling you for testifying in your own criminal lawsuit.

The Guarantee Of Due Process Law

The rights offered by due process law are actually really broad and also, in different contexts, can mean various things. In general, you are right that due process of law is all about a sense of basic fairness in how your case is being handled.

The Sixth Amendment

Another source of protection for all criminal defendants in the Sixth Amendment. It offers us some of the most fundamental and protected rights.

The Right To A Speedy Trial

The term “speedy” is subject to interpretation and can vary from a different jurisdiction. But this right will protect you from any type of prosecutorial delay that is malicious and also intentional. In case you are locked up during your pending trial, the benefits are quite obvious for you.

The Right To Be Represented By The Counsel

You are not at all prohibited from having an attorney; you can always get an attorney if you want. But in case you can not afford one, there will be a public prosecutor provided to you. Until you have a lawyer, when you have requested for, the prosecutors and law enforcement can not question you.

The Right To An Impartial Jury

The jury selection process is indeed a critical phase of your trial. Your right to an impartial jury allows you to take part in the process of jury selection. Otherwise, the prosecution might pack the jury with those people who are more into your conviction.

The Right To Face your Accusers

As per this right, along with knowing who is accusing you, you also get the right to cross-examine those individuals during the trial. It can be extremely challenging for those who are not legal professionals. But you have your attorney to do the cross-examination for you.

Nature Of Your Charges and The Evidence Against You

The constitution offers all these rights to the person who is charged with a crime. And in order to uphold the law, the criminal lawyers take the case of a guilty person. In addition to that, you also should know the nature and what evidence is being represented in the court. The prosecutor might use your weakness or twist the case a bit for proving your guilt that is not true at all.

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