My answer to "how do you defend someone you think is guilty"

Summary

In this reflection on his early legal career, a defense barrister shares the story of his first criminal trial, defending a man accused of stealing a frozen meal. Despite the overwhelming evidence against his client, the barrister learns the importance of providing a defense without judgment. He emphasizes that as defense advocates, it is not their role to decide guilt or innocence, but to ensure that everyone receives a fair trial. This experience teaches him the vital lesson that a defense lawyer's duty is to represent their client with the same professionalism and determination, regardless of personal belief.

Takeaways

• 😀 Defending someone you believe is guilty is a common question asked to defense lawyers, especially by students or those unfamiliar with the law.
• 😀 The speaker recalls his first criminal trial, where he defended a man accused of stealing a frozen meal from Marks & Spencer.
• 😀 The case involved witness statements from four security guards who claimed to have seen the accused steal the meal and attempt to hide it in his trousers.
• 😀 The defendant, Mr. Smith, insisted that the charges were a setup, a conspiracy against him, which the lawyer initially found embarrassing.
• 😀 Despite the initial embarrassment, the defense lawyer did not give up and tried his best to represent Mr. Smith, even though he was uncertain about the defendant's version of events.
• 😀 Mr. Smith was convicted and sentenced to 6 months in prison, but this case led to a realization for the lawyer in a later case involving some of the same security guards.
• 😀 The lawyer's belief in the truth of Mr. Smith’s defense grew after the second case, confirming that Mr. Smith was, in fact, telling the truth all along.
• 😀 As defense barristers, lawyers do not have direct knowledge of whether a defendant is guilty or not, and they cannot judge who to defend.
• 😀 People lie for various reasons, and defense lawyers must represent every client with professionalism, courage, and dedication, regardless of personal feelings or the evidence presented.
• 😀 The lawyer emphasizes that their role is not to be the jury, but to help the jury come to their own conclusions, ensuring everyone is entitled to a defense.

Q & A

What is the main question that the speaker is often asked?

The speaker is frequently asked how they defend someone they believe to be guilty.

How does the speaker respond to this common question?

The speaker shares the story of their first ever criminal trial to explain how they approach defending a client.

What was the nature of the crime in the speaker's first criminal trial?

The crime involved a man charged with stealing a frozen meal from Marks & Spencer.

What was the key evidence against the defendant in the first case?

The key evidence was witness statements from four security guards who claimed to have seen the defendant steal a meal by stuffing it down his trousers.

How did the defendant, Mr. Smith, react when he met the speaker?

Mr. Smith immediately claimed that the whole situation was a 'fit-up' and wanted to hire a different barrister.

What was the speaker's initial response to Mr. Smith's demand for a new barrister?

The speaker reassured Mr. Smith, telling him that they would defend him with professionalism, despite the defendant's refusal to plead guilty.

How did the trial of Mr. Smith end?

Mr. Smith was convicted and sentenced to six months in prison.

What realization did the speaker have in a later case regarding the security guards involved in Mr. Smith's case?

In a later case, the speaker became convinced that Mr. Smith's claims of a 'fit-up' were actually true, after seeing the involvement of the same security guards.

What important lesson did the speaker learn from this experience?

The speaker learned that as a defense advocate, they cannot determine who is guilty or not, and their job is to represent every client with the same level of professionalism, courage, and determination.

What is the role of a defense barrister, according to the speaker?

A defense barrister's role is to assist the jury in making their determination, not to judge the client or decide if they are guilty or innocent.