Some people also asked, "What is the meaning of a defense lawyer? What would you think if you were attacked by others for defending the bad guys? "
So, today I want to discuss with you the value and significance of defense lawyers and why lawyers should defend "bad guys".
Sutu
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The reason for this is simple.
Criminal suspects and defendants are all suspected criminals. When ordinary people think of the word "crime", they will naturally associate it with "moral corruption", "full of evil" and "heinous".
Defense lawyers speak for such people and let them escape or mitigate punishment through defense, as if standing on the opposite side of the public and public opinion, which will naturally be misunderstood.
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The law should listen to the voice of the people.
But we must transcend people's prejudice.
There is no standard answer to what is a good person and what is a bad person.
Bad is a moral evaluation, and lawyers only make legal evaluations of people. What is legal evaluation? Whether he is treated fairly, whether his rights are safeguarded,
Lawyers defend the bad guys, not for their badness, but for their people.
We can't classify people by absolute standards. We can only tell the truth that XX is guilty or innocent in a certain case, but we can't judge this person: this is a heinous villain.
The world is not black and white, and a person's identity and role in society are also very complicated and diverse.
The truth may only be known to God. Neither a judge nor a lawyer can know the truth of everything, and the role of a legal person is the same, that is, to pursue maximum justice in his own capacity.
There is no absolute good or bad in the world, and the standard to measure a person is not just morality. A qualified lawyer should defend criminals from the perspective of fighting for justice.
In the final analysis, the law does not safeguard justice, and the law safeguards social stability and citizens' rights and interests.
The tool used to vent people's anger is not called law.
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If he is innocent, prove that he is innocent.
If he is guilty, let him die clearly.
So what is the significance of the existence of defense lawyers?
First of all, it helps to find out the facts of the case, prevent innocent people from being wronged and safeguard the legitimate rights and interests of the parties.
Because not only obviously innocent people can get criminal defense, but no one can easily distinguish who is guilty and who is innocent, it is easy for the judicial organs to make unfair judgments on the weak side of the criminal suspects if they only rely on the confession of the criminal suspects and the investigation and evidence collection by the judicial organs.
Secondly, it is to promote the equality between the prosecution and the defense in litigation status and realize the protection of human rights.
With the obvious authority and superiority of judicature, defense lawyers make full use of their own legal knowledge and litigation rights endowed by law, which effectively restricts judicial power and strengthens the protection of criminal suspects' legitimate rights.
Finally, it is to safeguard judicial justice.
In the whole trial process, the goal of both the prosecution and the defense is the same, that is, through this tit-for-tat debate, to restore the truth as much as possible, to measure whether the evidence in the whole case reaches the true and sufficient standard through constant evidence and cross-examination, and to eliminate all reasonable doubts, so as to help the judge better find out the facts of the case and make a fair judgment.
Therefore, in the trial, the lawyer's role is to represent the defendant and express his defense in legal language in order to pursue maximum justice.
We should make it clear that before the court makes a formal judgment, according to the principle of presumption of innocence in criminal law, every criminal suspect or defendant is innocent, at best, just suspected.
Even if the court finally finds that it constitutes a crime, they have the right to defend themselves and let the court give them a copy.
A fair judgment that is compatible with crime and punishment.
Perhaps this is the role of lawyers, so that innocent people will not be convicted, so that guilty people will not be punished undeserved.
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The law protects you when you are weak.
Restrict you when you are strong
Lawyers' defense duties and professional ethics correspond to their institutional roles. He didn't simply defend the good guys and bad guys, but tried to improve the judicial procedure and avoid misjudgment through his own work and every case.
An innocent person can regain his innocence through the defense of a lawyer.
A person with a minor crime can avoid heavy punishment through the defense of a lawyer.
For a person who has really committed a felony, after full defense by a lawyer, he is still sentenced to heavy punishment, which can also reflect the fairness of the law in terms of procedural justice.
As a defense lawyer, it is also the significance and responsibility of defense lawyers to explore the reasons behind "evil" and reduce the occurrence of such incidents.
Most people only care about the result. Only by bringing the murderer to justice as soon as possible can they gain inner peace.
The reason behind the murderer's crime, in their view, is not important. When the wicked appear, people are more willing to draw a clear line with them quickly, stand on the opposite side of "evil" and criticize fiercely to show justice.
However, the occurrence of crime is not just a matter for criminals, it should be the result of the comprehensive action of personal, social and environmental factors. Exploring the causes of "evil" is more meaningful for improving the deficiencies in education, rule of law and society, playing a preventive and evasive role and reducing the occurrence of "evil".