A criminal defense attorney’s job is to defend their client and ensure their rights are upheld, whether they are guilty or innocent. While they can ask if you are guilty, the answer to that question does not change their ethical duty to represent you zealously. Their primary focus is on challenging the prosecution’s case, ensuring a fair trial, and securing the best possible outcome for you.
If a defense attorney receives evidence of guilt, the following actions typically occur:
1. Mandatory Confidentiality
Privileged Information: Conversations where a client admits guilt are protected by attorney-client privilege and cannot be disclosed to the court or law enforcement.
Ethical Obligation: Even with knowledge of guilt, an attorney must continue to represent the client zealously. They do not have a duty to "correct" the record unless it involves active perjury.
2. Handling of Physical Evidence
No Privilege for Objects: Unlike conversations, physical evidence (e.g., weapons, stolen goods) is generally not privileged. If an attorney takes possession of such "fruits of the crime," they usually have an affirmative duty to turn it over to the prosecution.
Testing and Disclosure: If an attorney moves or tests physical evidence, they may be required to reveal its original location to the state.
3. Restrictions on the Defense Strategy
No Active Lying: While an attorney can still plead "not guilty" for a client they know is factually guilty, they cannot knowingly present false evidence or allow the client to commit perjury (lie under oath).
Testing the Prosecution: Instead of arguing that the client is innocent, the attorney will focus on challenging the prosecution’s evidence, highlighting procedural errors, and ensuring constitutional rights were not violated.
4. Mitigation and Plea Bargaining
Plea Negotiations: If evidence of guilt is overwhelming, attorneys often advise the client to negotiate a plea bargain to reduce charges or the severity of the sentence.
Sentencing Phase: If a conviction is inevitable, the attorney’s role shifts to presenting mitigating factors to secure the lightest possible punishment.
5. Potential Withdrawal
Conflict of Interest: If a client insists on testifying falsely (perjury), and the attorney cannot persuade them otherwise, the attorney may be ethically required to withdraw from the case.
Now, the wiggle room here is Willow did perjure herself. She said she had never seen that gun before. Well, that was a lie. Maybe that's what Diane tells her is the loophole. She won't do it though because of Scout and/or Willow blackmails her. But these writers allowed a brother and ex-husband to work a case. I am not at all confident they will even mention perjury. But, we shall see.
