what a successful close might mean to the defense attorney

Can a defense attorney win a case with no obvious way?

Sometimes prosecutors are so determined to nail defendants—particularly in federal trials where ample government resources can mount suffocating cases—that defense attorneys see no obvious way to win. For Lichtman, that’s part of the appeal.

What are the characteristics of an effective defense attorney?

Effective defense attorneys establish rapport with their clients, review the facts of the case, prepare for court, file motions, handle court appearances and resolve cases to the best of their ability. The American Bar Association identifies key attributes of a defense attorney that should guide their conduct when working on behalf of a client:

Why should I hire a criminal defense attorney?

If you are ever accused of a crime, you will want to hire a top-notch defense attorney to protect your rights and argue the merits of your case before a judge and jury. Effective criminal defense attorneys have a reputation for tenacity, command of the law and doing whatever it takes to defend their client within the bounds of professional ethics.

Why do criminal defense attorneys take on cases with high stakes?

In addition to making sure the scales of justice are balanced, criminal defense attorneys find satisfaction in tackling cases with high stakes. "It's an all or nothing game," says Jeffrey Lichtman, a New York-based attorney who has represented John A. Gotti and accused Mexican drug lord Joaquin "El Chapo" Guzman.

What happens after the prosecutor speaks?

In addition, since the prosecutor has the burden of proof, he or she is allowed to speak again after the defense counsel speaks. The mock trial defense lawyer only has one opportunity to speak. Unlike a prosecutor, who is able to plan his or her opening statement, the defense counsel has to be a little more prepared to think on their feet. The mock trial defense lawyer has to be prepared to respond to the points that the prosecutor is making.

What is mock trial defense?

The mock trial defense lawyer has to be prepared to respond to the points that the prosecutor is making.

What are the arguments for the burden of proof?

Aside from the above, here are a few arguments you often see defense lawyers bring up: 1. The burden of proof is very high – beyond a reasonable doubt. It is not sufficient to merely suspect that someone did something. 2. The defendant in a court of law has no burden to prove his or her own innocence. 3.

Why do criminal defense lawyers choose that legal subspecialty?

Ask a criminal defense lawyer why they chose that legal subspecialty and the most common answer is that nothing gets their blood going more than a case with high stakes. “Cases move faster and they’re just more interesting than civil cases,” Gates says. “There’s nothing worse than an extended conversation about Article 2 of the Uniform Commercial Code. It’s just more interesting to talk about a bank robbery.”

Why do criminal defense attorneys chastise?

While their work enforces a person’s constitutional right to a fair trial, some observers chastise them for representing society's villains. In their view, that’s missing the point. In addition to making sure the scales of justice are balanced, criminal defense attorneys find satisfaction in tackling cases with high stakes.

What does Lichtman do in court?

Once in court, Lichtman focuses on finding the one person in the box of 12 to connect with. “I look up the backgrounds of jurors,” he says. “I’m looking for anything in the background I can exploit in order to tailor my summation to something that’s happened in their lives.”

What does it mean to keep tabs on a jury?

THEY'RE ALWAYS WATCHING THE JURY'S BODY LANGUAGE. Keeping tabs on a jury means being able to assess which direction they’re leaning. Lichtman says body language can tell him a lot. “You can feel how a trial is going,” he says. Jurors who laugh or smile at his jokes are on his side.

What is the job of a criminal defense attorney?

Criminal defense attorneys, who stand beside clients accused of everything from minor offenses to mass murder, must mount the most effective defense of their client possible no matter how heinous the crime. While their work enforces a person’s constitutional right to a fair trial, some observers chastise them for representing society's villains.

Who is the lawyer for Timothy McVeigh?

To get a better understanding of this often emotionally draining work, Mental Floss spoke with three high-profile defense lawyers. In addition to Lichtman, we talked to Chris Tritico—the subject of the first episode of Oxygen’s In Defense Of docuseries premiering June 25, and who represented Oklahoma City bomber Timothy McVeigh in 1997—as well as Bryan Gates, practicing in North Carolina. Here’s what they shared about life as a devil’s advocate.

Is it easier to defend an innocent client?

It might seem like an innocent client would be easier to defend. But according to Gates, having a strong belief that a client is falsely accused creates additional strain on the defense. “It’s very stressful because you’re really identifying with the person,” he says.

What happens if a defense attorney makes a witness appear inconsistent?

If a defense attorney can make a witness appear inconsistent or catch them in a lie, the judge or jury is going to be much less likely to believe the testimony. Unreliable witnesses are quite common, and a good defense attorney will challenge everyone’s reliability.

How many DNA exonerees were wrongfully convicted for murder?

False confessions happen more often than most care to admit. According to the Innocence Project, “130 DNA exonerees were wrongfully convicted for murders; 40 (31%) of these cases involved eyewitness misidentifications and 81 (62%) involved false confessions.”

What is entrapment in law?

Simply put, entrapment is when a normally law-abiding citizen commits a crime because of coercion or intimidation. A good defense lawyer will use this strategy for cases in prostitution crimes and drug offenses.

Can you use force on someone else?

It is true that someone can use physical force on another for self-defense or to defend a third person from what seems to be an imminent force of danger. However, the claim does not hold up in court if the person stating self-defense was the initial aggressor.

Can a court charge you if you can't prove guilt?

If your guilt cannot be proven beyond a reasonable doubt, the court cannot charge you—this is easily one of the most common defense strategies of a criminal defense lawyer. There are times where a case can be so fragile and filled with entirely circumstantial evidence that attorneys will show how the plaintiff cannot prove any wrongdoing.

Can police lie in their testimony?

If someone finds themselves on the receiving end of police misconduct, they may even be able to pursue a civil rights claim .

Why do lawyers defend their clients against the state?

They might, for example, feel that their client, as an individual person, is deserving of certain rights, no matter their actions. Or they may feel that when compared to the actions taken by the state, which are taken as de facto legitimate, the actions taken by their client are of a lesser degree.

What percentage of lawyers prefer to make decisions based on detached objectivity?

They concluded that 78% of lawyers (link) prefer to make decisions based on detached objectivity rather than taking into account personal feelings or values. This might seem the most reasonable approach to take to ensure a fair and effective justice system. After all, everybody is entitled to receive a fair trial.

Who told me she would defend Bin Laden but not Bush?

Coutant-Peyre told me she would defend Bin Laden but not Bush. I asked her: What is the salient distinction between the two? At this point she abandoned the conversation.

Do lawyers have barriers to representing themselves?

In many cases, there are no barriers to stop people representing themselves when, for example, a lawyer knows beyond a shadow of a doubt that they are guilty of a crime. This raises some interesting ethical questions for defense lawyers: Does representing somebody a lawyer suspects to be guilty of horrific crimes raise any ethical difficulties ...

Can a lawyer defend a person they believe to be guilty?

And recusing oneself from a case in which a defense lawyer no longer believes they can defend a person they believe to be guilty may be, depending on how one looks at the result, simply pushing the problem on to the shoulders of another defense lawyer.

Do lawyers have their own values?

However, lawyers are human beings, too. They have their own value systems. They also have certain social and legal duties and obligations. Still, I wondered if trying to get a client (whom they suspect of being guilty but who is pleading innocent) acquitted would cause The Secret Barrister any discomfort on a private, unspoken level.

Can a lawyer suspect a defendant is guilty of mass murder?

There are certain cases that hit you on a human level. But we’re trained to shake it off and deal with it clinically and unemotionally.”. A lawyer might strongly suspect that a defendant is guilty of premeditated mass murder, for example, but they are obligated to help the accused and not their potential victims.