Ethical Issues in Criminal Defense: The United States Experience

My task is to discuss ethical issues in the work of the criminal defense attorney in the United States today,lIn order to understand the many ethical issues involved in the work of criminal defense attorneys, it is necessary first briefly to discuss the work that criminal defense attorneys actually do in the United States.In the American system, the prosecutor presents the case against the defendant, and the defense attorney's job is to challenge and test the evidence.The judge is an important figure, but is more like the umpire in a baseball game than like the pitcher or the batter.The judge is not responsible for organizing and presenting the evidence, does not decide which witnesses will be called, and generally does not ask any questions of the witnesses.The jury decides over guilt or innocence.The defense attorney is not a minor figure.The criminal defense attorney is an absolutely critical participant in the process.The defense attorney investigates the case and advises the defendant as to whether to plead guilty or not.If the defendant pleads not guilty, the defense attorney plays an important role in selecting the jury, makes objections if the prosecution seeks