In this article, we will talk about a tough yet fascinating aspect of being a criminal lawyer—facing ethical dilemmas in criminal law. Many times, a criminal lawyer is hired to defend someone who’s been convicted. As defense lawyers, you do not just present arguments. You also have to balance your role as a lawyer with your moral compass.
This is where ethics in criminal justice become your guide. Upholding fairness and accountability is crucial in India’s criminal justice system. Your role in criminal defence ensures justice isn’t just done but is seen to be done.
Understanding Ethical Dilemmas in Criminal Law
Ethical dilemmas in criminal law challenge defence lawyers to reconcile conflicting duties – to take care of the interests of their clients, the court, and society. These dilemmas often have no clear answer – forcing lawyers to choose between competing ethical principles and values.
One of the most well-known ethical dilemmas is defending a client everyone believes is guilty. Defence lawyers are bound by professional ethics to provide the best possible representation and ensure their client’s right to a fair trial. However, when they know their client is guilty, the lawyer may wrestle with the moral question – are they enabling someone who committed a crime to potentially evade justice?
This becomes even more challenging if the client admits intent to re-offend – placing the lawyer in a position where confidentiality obligations clash with the moral responsibility to prevent future harm.
Lawyers also need to navigate their roles as advocates for their clients, officers of the court, and custodians of societal justice. For example, a defence lawyer may be required to present evidence in their client’s favour – even if it paints a misleading picture to the jury, potentially leading to societal harm. The tension between protecting the client’s interests and ensuring that justice is served creates a precarious ethical balance.
At SMS Law College, we always encourage our students who are budding defense lawyers to uphold the principle that everyone deserves a robust legal defence – irrespective of their guilt or innocence. This principle is critical to maintaining public trust in the judicial system. But sometimes, it might conflict with broader societal values of fairness and justice.
The defence of Ajmal Kasab – the sole surviving terrorist in the 2008 Mumbai attacks – is a classic example of ethical dilemmas in criminal law. The Maharashtra State Legal Services Department, under the directive of the acting Chief Justice of the Bombay High Court – J N Patel, appointed lawyers Amin Solkar and Farhana Shah to represent Kasab who was convicted of killing over 166 people in the attacks. It was done on the principle that every individual, irrespective of how heinous their crime is, deserves a fair trial.
On one hand, Solkar and Shah were bound by their role as defense lawyers to defend Kasab and on the other hand, they had to endure the overwhelming public outrage and grief due to these attacks. They were under great moral and societal burden. Their professional obligation to represent someone so widely reviled was seen by the public as an effort to justify Kasab’s actions and even, disrespect the victims.
As criminal lawyers chosen to represent Kasab, Solkar and Shah had to set aside their personal feelings and also face the societal backlash to ensure justice was served through due process.
This case reflects a fundamental ethical dilemma in criminal law – the conflict between a lawyer’s duty to their client and their own moral convictions or societal pressures. By agreeing to represent Kasab, they were not condoning Kasab’s actions. They were just ensuring that the trial adhered to the highest standards of fairness – and public trust can be maintained in the judicial system. If this was not done, it could have set a dangerous precedent for future cases – and could undermine the principles of equality before the law and fair trials.
The Role of Defence Lawyers in Criminal Cases
A criminal lawyer plays a pivotal role in safeguarding the rights of the accused within the adversarial justice system of India. By ensuring a fair trial, they uphold legal principles while navigating ethical challenges. Responsibilities include:
- challenging prosecution evidence,
- cross-examining witnesses, and
- presenting alternative narratives to establish reasonable doubt.
Criminal defense involves protecting defendants’ rights by:
- ensuring lawful evidence collection,
- advocating against self-incrimination, and
- securing timely bail.
Defence lawyers carefully examine investigations, ensure rights like legal representation (Article 22) and free legal aid (Article 39A) are protected, and make sure trials follow fair procedures. By working with experts and staying ethical, they strive to deliver justice while defending their clients and maintaining fairness and equality under the law.
Conclusion
When representing a convict in court, a defense lawyer must prioritise upholding the principles of ethics in criminal justice while ensuring procedural fairness. Their primary duty is to ensure the convict’s right to a fair trial, irrespective of public opinion or the severity of the crime.
A criminal lawyer should meticulously review evidence, cross-examine witnesses, and challenge unlawful procedures. They must maintain confidentiality, focus on mitigating the sentence, and advocate for rehabilitation over retribution where appropriate.
Balancing professional duties with ethical considerations, lawyers reinforce trust in criminal defense by ensuring justice is served without compromising integrity or fairness.
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