Tuesday, January 10, 2012

Does the end justify the means?

Here's a question that came to mind this week. A prosecutor is firmly convinced that the defendant is guilty. As long as he or she doesn't actually violate the rules of ethics, is it okay to employ sleazy tactics to hide strategy or even evidence from the defense? Same goes for the defense. If the defense attorney is "just doing his job" of zealously defending his client, is it okay to employ shady tactics to intentionally mislead the other side in its presentation of its case in chief?

Put another way, the behavior may not be per se illegal but clearly immoral, such as in intentional deception to prevent the other side from making sure the evidence is properly crossed (e.g., witness responsible for the evidence is cross-examined to point out its deficiencies). Is it more important to win than to have the other attorney say you fought a fair and clean fight? Just curious what the general consensus is.

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