Question
Peer respond to classmates discussion post. Defense attorneys play a significant role in ensuring that a person who has been accused of committing criminal activities
Peer respond to classmates discussion post.
Defense attorneys play a significant role in ensuring that a person who has been accused of committing criminal activities has their constitutional rights protected and receives the punishment that is in accordance with the law. The role of the defense attorneys encompasses the protection of the rights and interests of their clients during a court proceeding and, at the same time, upholding the guidelines and principles of justice. These professionals are responsible for providing legal representation for their clients during every single stage of the criminal justice process, including investigations, court proceedings, plea negotiations, and even appeals (Pivaty et al., 2019). The defense attorneys act as advocates for their clients, making arguments on behalf of the clients and, at the same time, presenting evidence to support the case presented by the defense team. Alongside being the legal representatives of their clients, defense attorneys also act as the legal counsel of their clients, providing them with the advice they need to understand the charges against them, potential legal ramifications, and legal options available to them.
Defense attorneys are responsible for maintaining confidentiality between them and their clients. This means that they are responsible for ensuring that every communication or conversation they have with their clients remains confidential and away from the prosecuting counsel, especially when they are aware that it would be used as evidence against them or would harm them at the end of the day (Pivaty et al., 2019). Confidentiality with the clients is what encourages them to remain open and honest with the defense attorneys, which, at the end of the day, makes room for sharing all information that would usher in effective representation on the part of the defense team. The defense attorneys are always expected to act in the interests of the clients, which is why they need to keep the information they share confidential. However, there are rare circumstances when the defense attorney has a responsibility of sharing information shared by their clients with the court or investigators, especially when the client is involved in an ongoing crime or is planning to commit a crime.
Defense attorneys, at times, experience situations when the interests and the wishes of their clients conflict with what they would consider being the best options for them. To navigate through these situations, the defense attorney needs to balance their professional ethics, personal judgments, and duty to act as clients' advocates. In situations when the client's interests would not benefit them, the defense attorney is obligated to ensure that they provide enough counsel to ensure that the clients have an in-depth understanding of the outcomes and consequences of their decisions (Singh, 2022). In such instances, and when the interests of the clients would end up being dangerous for a third party, it is important for the defense attorney to act according to the ethical guidelines. This means that the defense attorney has the right to withdraw from the case if their clients insist on a certain course of action that violates ethics, poses moral damage, and negatively impacts another person or society.
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