If you were a solicitor...

...would you have morals?

I was just reading about some thug that attacked some innocent bloke.

http://www.bbc.co.uk/news/uk-england-devon-21787599

The solicitor defending the thug said:

I'd like to think that if I was a solicitor, and someone asked me to defend someone in court who'd been seen jumping on an innocent man's head, I'd like to think I'd decline that piece of work. I don't think I could bring myself to offer 'it was out of character' as a plausible defence. I don't understand how some people sleep at night.

 

Trouble is, people have the right to a defence. Not a nice job but someone has to present the case.

I couldn't do it for sure.

I was only thinking last night, if only i'd brought a prosecution against the school bully that head butted me & broke my tooth because I wouldn't give him a cigarette, maybe he would have been in borstal instead of raping a seven year old girl a few months later.

But the defence lawyers would probably pleaded deprived background, bad parents etc.

 

You couldn't have known what he would do next though Zig.

 

As Zigs says the man has a right to a defence. I wonder if the solicitor tried to get the man to plead guilty in his initial meetings with him, which would suggest he does have morals. Solicitors no doubt develop a thick skin over time which in turn pushes there morals to the back of there minds. I couldn't do it, but some people have a stronger conscience than others.

 

Thats true, I just wished the art teacher hadn't have held me back as I chased him throught the school. I was that livid that I would have beaten seven shades of sheds out of him.

 

And i'm not a fighter.

 

Ah this is just like Christmas in my house

The BIL is one, and I come up with how can you morally defend these people

Out comes the everyone is entitled to have their version heard, their defence, their entitlement, good legal aid money, someone has to take it. they are entitled to their defence YOU ONLY PRESENT THE FACTS YOU KNOW ARE LEGALLY TRUE ignore the heresay and evidence etc

He speaks and squeeks like a weasel
I ask how does he sleep at night, replies fine fine and I have £1.8 million in my bank

As he cracks another free can of MY BEER

Oh Crimbo is fun in my house

Jack McH

 

But, from the quote, the solicitor *isn't* defending/condoning what the man did; the solicitor is defending the parts the offender is alleged to have done but claims he didn't (e.g. homophobic taunts) This would have a bearing on the sentencing.

Also, it is quite right that his previous character is presented (e.g. no previous) because this would also have a bearing on the sentencing.

And, I would suggest, *that* is where the "morals" of a defence solicitor lie: just because the offender did something wrong, doesn't mean he should be judged on something he was alleged to have done but didn't, which potentially, could incur a stricter/longer sentence.

 

Mum's right - everyone has the right to a defence and is still presumed innocent until it's proved beyond reasonable doubt, in Court, that they aren't. It's not the job of the Solicitor/Barrister to judge their client, merely to offer on their behalf, whatever legal defence there may be.

I spend a lot of time dealing with Barristers, many of them believe (or know) that their client is guilty as hell and will often advise him/her to enter a guilty plea, but just because that client refuses to take that advice - no matter how heinous the crime - does not mean they aren't entitled to defence.

In this case, Pollard's Solicitor will have had to instruct Mr. David Charles to appear at Exeter Crown Court on his client's behalf, the Solicitor will have been paid, the barrister (Mr. Charles) who I assume to be a criminal barrister will also have been paid and irrespective of how either feels about their client, there's no earthly point in being a criminal lawyer if you're then going to refuse to represent ....... criminals.

There's just one small thing which I find strangely inconsistent with this particular case, is this I wonder, the same Connor Pollard who, in 2011, was jailed for four months by Torbay magistrates under a Detention Training Order after he refused to comply with a community rehabilitation order?

 

Reminds me of "Rumpole of the Bailey" and Horace and the Timsons.

Cheers, Tony.