1. A belief that courts, and not news outlets, are best placed to determine a person's guilt. Consider how you, personally, know whether or not this person did anything. You saw it on CNN? Do you really think news outlets are reliable enough to base executions on?
2. Respect for "innocent until proven guilty". If you don't believe in that, imagine being falsely accused of paedophilia, or plotting to commit an act of terrorism, on the say-so of someone with a grudge against you. Do you really want mob justice? If so, pray the mob never turns against you. And read the stories posted by commentors on the page linked below.
3. The fact that an adversarial system, such as Anglo-American legal systems have, simply cannot work without a defence for accused persons. Any mitigating factors (such as mental illness) will be presented to the court and duly considered. If they're ill-founded they'll be rejected. If they're well-founded then they'll be rightly taken into account. Of course courts aren't perfect and don't always get it right, but they're a hell of a lot more reliable than emotion-fired mobs.
4. The fact that if he isn't allowed a defence lawyer, he can't be tried, and therefore can't be convicted. Nobody can be forced to defend themselves against expert prosecution lawyers – people who defend themselves have chosen to do so. This follows from point 3.
Accordingly, the kindest thing for the victims' families is for the lawyer to defend the accused as well as she can, because if she doesn't do her best job there's the risk of a mistrial followed by years of appeals, denying closure to the victims' families.
5. The need to establish a person's mental state, as well as their purely physical actions, as part of criminal guilt or innocence. Mens rea (the "guilty mind") is an absolutely basic and fundamental concept to the criminal law. If you get rid of this, you'd execute a devoted husband who kills his wife while sleepwalking and dreaming that he's being attacked by an armed man, or while high on LSD which someone else put into his glass of water without his knowledge.
6. Opposition to the death penalty might be a motivation, but personally I think the other arguments are quite enough.
7. The love of a challenge. Given that somebody has to take on this difficult task, a person who enjoys taking on difficult tasks might decide it might as well be them.
8. Don't forget that defending an accused person doesn't necessarily mean denying that they did it. I expect this accused will admit the killings but plead insanity, and diminished responsibility in the alternative. (Not strictly speaking a reason, but an important point nonetheless.)
I think that's enough to be getting on with, don't you?
2. Respect for "innocent until proven guilty". If you don't believe in that, imagine being falsely accused of paedophilia, or plotting to commit an act of terrorism, on the say-so of someone with a grudge against you. Do you really want mob justice? If so, pray the mob never turns against you. And read the stories posted by commentors on the page linked below.
3. The fact that an adversarial system, such as Anglo-American legal systems have, simply cannot work without a defence for accused persons. Any mitigating factors (such as mental illness) will be presented to the court and duly considered. If they're ill-founded they'll be rejected. If they're well-founded then they'll be rightly taken into account. Of course courts aren't perfect and don't always get it right, but they're a hell of a lot more reliable than emotion-fired mobs.
4. The fact that if he isn't allowed a defence lawyer, he can't be tried, and therefore can't be convicted. Nobody can be forced to defend themselves against expert prosecution lawyers – people who defend themselves have chosen to do so. This follows from point 3.
Accordingly, the kindest thing for the victims' families is for the lawyer to defend the accused as well as she can, because if she doesn't do her best job there's the risk of a mistrial followed by years of appeals, denying closure to the victims' families.
5. The need to establish a person's mental state, as well as their purely physical actions, as part of criminal guilt or innocence. Mens rea (the "guilty mind") is an absolutely basic and fundamental concept to the criminal law. If you get rid of this, you'd execute a devoted husband who kills his wife while sleepwalking and dreaming that he's being attacked by an armed man, or while high on LSD which someone else put into his glass of water without his knowledge.
6. Opposition to the death penalty might be a motivation, but personally I think the other arguments are quite enough.
7. The love of a challenge. Given that somebody has to take on this difficult task, a person who enjoys taking on difficult tasks might decide it might as well be them.
8. Don't forget that defending an accused person doesn't necessarily mean denying that they did it. I expect this accused will admit the killings but plead insanity, and diminished responsibility in the alternative. (Not strictly speaking a reason, but an important point nonetheless.)
I think that's enough to be getting on with, don't you?
Vigilantibus non dormientibus jura subveniunt.
—Nous disons en allemand : le guerre, le mort, le lune, alors que 'soleil' et 'amour' sont du sexe féminin : la soleil, la amour. La vie est neutre.
—La vie ? Neutre ? C'est très joli, et surtout très logique.
—Nous disons en allemand : le guerre, le mort, le lune, alors que 'soleil' et 'amour' sont du sexe féminin : la soleil, la amour. La vie est neutre.
—La vie ? Neutre ? C'est très joli, et surtout très logique.
What motivates someone to pull out all the stops defending the Arizona shooter in court?
- 13/01/2011 06:46:14 PM
1766 Views
Because even the guilty are entitled to a full and proper defence.
- 13/01/2011 06:58:51 PM
1188 Views
A belief in everyone's right to a defense? *NM*
- 13/01/2011 07:02:24 PM
614 Views
Isn't it a little strange...
- 13/01/2011 07:08:49 PM
1286 Views
I don't know anything about the woman or the people she has defended before
- 13/01/2011 07:10:56 PM
1161 Views
Timothy Mcveigh, Eric Rudolph, Theodore Kazynski, Zacharias Moussai, Susan Smith...
- 13/01/2011 07:16:07 PM
1333 Views
All of these strike me as people who might not get a fair hearing.
- 13/01/2011 07:18:24 PM
1233 Views
Re: All of these strike me as people who might not get a fair hearing.
- 13/01/2011 07:23:15 PM
1100 Views
So once you sit down and have a heart to heart with your client an discover that he is simply evil..
- 13/01/2011 07:30:53 PM
1350 Views
My god, man, take an ethics class.
- 13/01/2011 07:37:16 PM
1148 Views
So by your ethics...
- 13/01/2011 07:40:36 PM
1353 Views
If he can't be defended he can't be tried and thus he can't be convicted.
- 13/01/2011 07:44:57 PM
1343 Views
I suspect he disparages "technicalities" as well. *NM*
- 13/01/2011 07:48:14 PM
565 Views
Maybe he IS insane
- 13/01/2011 07:17:46 PM
1219 Views
So what if he is?
- 14/01/2011 01:11:44 AM
1069 Views
Capital punishment is more expensive than life in prison.
- 13/01/2011 07:34:29 PM
1285 Views
So in other words out of self interest I should admire her? Now THAT's evil...
- 13/01/2011 07:38:36 PM
1377 Views
- 13/01/2011 07:40:42 PM
1112 Views
- 13/01/2011 07:40:42 PM
1112 Views
Re:
- 13/01/2011 07:49:56 PM
1264 Views
- 13/01/2011 07:49:56 PM
1264 Views
Do you know what happened before there were defence lawyers for all accused? *NM*
- 13/01/2011 10:37:55 PM
608 Views
Do you believe the severity of the crime should affect your defense?
- 13/01/2011 07:45:16 PM
1142 Views
No.
- 13/01/2011 08:44:05 PM
1404 Views
Have you any way to back up this statement?
- 13/01/2011 08:49:41 PM
1180 Views
re:
- 13/01/2011 09:09:05 PM
1165 Views
I just get a sense that those principles are worshipped more than the cause they supposedly serve...
- 13/01/2011 09:19:59 PM
1189 Views
Take a look at the part of the world who still use the villiage elder system
- 13/01/2011 09:36:18 PM
1050 Views
That is one effed up world that I would not want to live in. *NM*
- 14/01/2011 01:42:34 AM
578 Views
the belief that for the system to work everyone needs vigorous defense
- 13/01/2011 07:37:40 PM
1148 Views
A belief in justice
- 13/01/2011 08:24:25 PM
1286 Views
Personally, I don't see why being insane should excuse anything...
- 13/01/2011 08:29:25 PM
1335 Views
Many possible reasons.
- 13/01/2011 10:41:30 PM
1283 Views
He should have been shot in the street like a dog.
- 14/01/2011 01:09:38 AM
1109 Views
Vengeance is not justice. *NM*
- 14/01/2011 01:13:04 AM
568 Views
If the person is guilty, it's one in the same.
- 14/01/2011 01:17:54 AM
1077 Views
No, it's not: their definitions and concepts are entirely different.
- 14/01/2011 02:27:13 PM
1192 Views
Can`t consume blood, actually.
- 14/01/2011 04:10:57 PM
1164 Views
That would not be a deterrent to people who are mentally ill. *NM*
- 14/01/2011 01:25:56 AM
606 Views
By that logic nothing would.
- 14/01/2011 01:29:41 AM
1123 Views
And by that logic, we should kill people with HIV.
- 14/01/2011 06:20:03 AM
1174 Views
Not at all. We should kill people with HIV if they're spreading it knowingly.
- 14/01/2011 01:31:48 PM
1385 Views
then we should kill people who spread the flu as well
- 14/01/2011 04:53:51 PM
1202 Views
That's absurd.
- 14/01/2011 08:21:36 PM
1116 Views
it is absurd and that is my point
- 14/01/2011 08:54:07 PM
1215 Views
That's not the issue.
- 14/01/2011 09:40:00 PM
1145 Views
why are the different?
- 14/01/2011 10:02:06 PM
1138 Views
HIV is incurable.
- 15/01/2011 07:09:47 AM
1065 Views
Unless, you know, someone is deliberately spreading flu to old people or people with
- 15/01/2011 12:32:42 PM
1129 Views
you are correct that is why we need to fix our mental health system *NM*
- 14/01/2011 02:22:22 PM
599 Views
Not everyone else is doing that. So who else are you trying to deter?
- 14/01/2011 05:25:28 PM
1252 Views
Everyone.
- 14/01/2011 08:23:41 PM
1360 Views
gang members get killed every day by other gang members so I would say it isn't working *NM*
- 14/01/2011 08:31:29 PM
632 Views
If we were executing them publicly in the streets, maybe it would be. *NM*
- 14/01/2011 08:33:30 PM
620 Views
why would you believe that?
- 14/01/2011 08:58:25 PM
1151 Views
It's never been tried.
- 14/01/2011 09:40:54 PM
1153 Views
did you actually read my reply where I explained that it has been tried?
- 14/01/2011 09:52:43 PM
1251 Views
Yes, let's bring back the justice of the lynch mob.
*NM*
- 14/01/2011 01:44:00 AM
531 Views
*NM*
- 14/01/2011 01:44:00 AM
531 Views
It is justice if the person is guilty.
- 14/01/2011 01:32:44 PM
1076 Views
So how would you determine if the person is guilty and deserved death? Perhaps... with a lawyer? *NM*
- 15/01/2011 06:05:13 AM
615 Views
No, a 5 minute trial wherein the judge watches the video of this guy killing everyone...
- 15/01/2011 07:05:30 AM
1211 Views
Because he has absolutely no right to the laws dictated in the U.S. Constitution.
- 14/01/2011 03:20:58 AM
1322 Views
The Constitution shouldn't protect these people.
- 14/01/2011 01:34:19 PM
1068 Views
14th amendment -- equal protection clause. thanks for playing!
- 14/01/2011 04:22:17 PM
1181 Views
I'm not an American.
- 14/01/2011 08:27:52 PM
1294 Views
And believe me, that shows in more than where you were born. *NM*
- 14/01/2011 11:28:28 PM
589 Views
How do you determine if someone gets Constitutional protection or not?
- 14/01/2011 08:10:45 PM
1142 Views
If someone is guilty beyond the shadow of a doubt...
- 14/01/2011 08:26:36 PM
1123 Views
He has a reasonable defense.
- 14/01/2011 11:21:47 PM
1306 Views
I disagree.
- 15/01/2011 07:04:38 AM
1262 Views
That's preposterous.
- 15/01/2011 10:42:04 PM
1136 Views
He's not retarded, he's insane.
- 16/01/2011 12:28:45 AM
1151 Views
Both are maladies that affect the mind and reasoning processes.
- 16/01/2011 02:05:53 AM
1158 Views
Then insane still have to pay for what they've done.
- 16/01/2011 02:53:47 AM
1120 Views
There's a little flaw in your connection.
- 16/01/2011 03:14:36 AM
1114 Views
Again, I disagree.
- 16/01/2011 04:47:08 AM
1675 Views
Just because that's your opinion, doesn't mean that's applicable.
- 17/01/2011 03:07:47 AM
1212 Views
yes because threat of death works so well on the insane
- 14/01/2011 02:21:42 PM
1159 Views
I`ve addressed this already.
- 14/01/2011 04:08:28 PM
1090 Views
no you admitted it wouldn't deter them
- 14/01/2011 05:03:24 PM
1182 Views
Re: no you admitted it wouldn't deter them
- 14/01/2011 06:55:22 PM
1319 Views
no
- 14/01/2011 07:15:11 PM
1162 Views
Re: no
- 14/01/2011 07:35:07 PM
1162 Views
We recently put a man to death in Texas who was very likely innocent
- 14/01/2011 09:24:04 PM
1033 Views
Just as an aside... I suppose you have no problem with Muslims cutting off the hand of a thief?
- 14/01/2011 05:30:50 PM
1207 Views
I invite you to show me where I've criticized the Islamic legal system.
- 14/01/2011 08:36:22 PM
1190 Views
OK.
- 15/01/2011 04:40:56 PM
1186 Views
I really don't care what Muslims do to each other.
- 15/01/2011 05:28:52 PM
1105 Views
I find it hilarious that a clearly guilty man will be defended. Defended against what?
- 14/01/2011 03:22:20 AM
1276 Views
Because the thought of people with a lynch mob mentality running the show scares them way more than
- 15/01/2011 03:56:44 AM
1124 Views
