[HolyWarrior]

Originally posted by Timber Loftis: quote: Originally posted by MagiK: quote: Originally posted by Timber Loftis: What you may fail to realize is that for the lawyer, it is nearly absolute malpractice to NOT try to use every possible defense in a murder-one case.

And was it not the Lawyers and Judges that made it this way? If it were not for bleeding heart lawyers who were apparently more interested in criminal rights than in victims rights, I think the rest of the lawyers would have a much cleaner system to work with. [img]smile.gif[/img] Just a lay persons perspective.
[/QUOTE]It's not the lawyer failing to make the argument that is the problem -- wouldn't we all love that. It's the parade of lawyers that lawyer must face in the future, all who are required to "zealously represent" the defendant on his various "ineffective counsel" motions. If the legislature provides a defense, and if juries will hold a case on that defense, you can't ask me not to argue it. In the advesary system of justice, I must pick up every sword that may defend my charge. Lest I get called to the carpet later for failure to do so.

Again, we just argue the defenses given to us by the legislature. Especially where criminal law is concerned, the legislature dictates it all VERY SPECIFICALLY via statute. [/QUOTE]Are you saying that defense lawyers have NO choice in which persons to defend?