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Can A Lawyer Represent A Guilty Defendant at Trial?
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- čas přidán 17. 08. 2024
- This video covers an ethical dilemma that lawyers sometimes face, i.e. how to ethically represent a defendant who admits committing the offence but who wants to plead not guilty. This video sets out relevant duties and practical steps to avoid falling foul of the ethical rules. NOTE in reality a barrister would question the defendant to ascertain whether or not there are any defences available to the defendant, even after the defendant ostensibly admits guilt. For example, if a defendant charged with an offence of assault admits punching the complainant, the barrister would explore the reason why. It may transpire that the defendant actually punched the complainant in self defence.
You will find the relevant core duties, rules, outcomes and guidance in the Bar Standards Board Handbook. This video does not make explicit reference to the conduct rules, outcomes and guidance.
IMPORTANT INFORMATION
Please note, any resemblance to any person is entirely coincidental. The animated characters are not based on any individual person.
TIMESTAMPS
00:00 - Introduction
00:57 - The ethical core duties.
01:06 - The ethical duty to the client.
01:20 - The ethical duty to the court.
02:07 - The duty of confidentiality.
02:44 - Examples of what constitutes misleading the court.
05:52 - How can a barrister ethically represent a defendant at trial, after admitting guilt?
06:33 - Demonstration of how to deal with a defendant who insists on giving evidence (after admitting guilt).
08:00 - What happens after the barrister withdraws from the case?
📚 Important Information: Please note, any resemblance to any person in this video is entirely coincidental. The animated characters are not based on any individual person.
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A clear and interesting explanation of a tricky predicament!
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0:58 That's a very conflicting set of rules. No wonder lawyers are deemed unethical scoundrels.
In your experience, how often can a defendant waive their right to a speedy trial? How many times have you seen it waived in one case before it goes to trial?
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Thanks @tusan20