Aggravated Armed Robbery and 1st Degree Murder (2 counts). The facts: Client made a confession about breaking into a couple’s home, robbing them, and torturing them to death to police. However, defense attorney is aware his client was not given his Miranda rights before questioning and was coerced into giving a confession.
Ethical or Moral Dilemma’s: I as a defense attorney would have some ethical or moral dilemma’s because the crime that was committed was a extremely gruesome or heinous crime, in fact a moral brickwall if you want to call it that builds up, the reason is because as a human being you have feelings for the family who lost loved ones over this savage act of violence as well as feelings for your client who had his civil rights violated by incompetent detectives.
As the attorney I have to balance both types of emotions to make it as fair as possible. What would I do: A solution to this is, I’d defend my client even though he admitted the crimes to me in writing. The reason I would defend him is because he retained me for his legal representation. Furthermore, there is no conflict of interest in this case. The way I see it, no matter the crime committed people need criminal defense attorneys.
I try and see the whole picture as in, Did my client have a criminal record before this offense? , my clients age, mental state, and other factors which would play into how the courts would treat my client. Do you have an ethical duty to represent him even though your defense may set him free: I have a ethical duty to represent my client because the police did their job improperly by not issuing my client his Miranda rights and by using coercive tactics to get him to confess to these horrific crimes.
I tend to think its not my defense that will set my client free, but the disregard for his civil rights and the incompetence of the detectives who knew better then to coerce my client into giving a confession without first reading him his rights. This is the basic most fundamental civil right when a person is arrested for a crime. 2 Even though my clients crime is considered a mala in se act, IE a crime against nature, he still deserves fair treatment from the interrogation room all the way to the sentencing phase if the case were to get this far into the system.