Representing the Guilty
The test is whether the Crown can prove guilt beyond a reasonable doubt. It is not for me to decide. I am not the judge, I am not the jury.
My job is to ensure that the accused gets a fair trial. After assessing the strength of the Crown’s case, after assessing the potential defences, I then advise my client what the best course of action is and what is the best position for him in order to defend against the charges or charge that he is facing. It may be best to resolve and plead guilty, it may be best to fight the case, but it is not for me to decide just because he has been accused of something awful. Even if he admits that he did it, it’s not for me to decide. If he admits his guilt and I know he is guilty, I may be limited in my defences. I may not be able to put him on the witness stand because I can’t mislead the court and if he is going to say something and I know he is lying, I can’t do that. That’s why I don’t ask a lot of questions upfront when I meet my clients. But I can certainly still put the Crown to their burden and make them prove the case beyond a reasonable doubt; that’s not unethical.
I may have a client who does things in an attempt to help but, instead, really hurts his own case; I have the police, the Crowns, the press, and the public who just want criminals off the street. I have to look at the strength of the Crown’s case. I look at the strengths, potential weakness of the defence, and the frailties of the accused. Will he be a good witness, will he be an awful witness, and does he have any corroborating evidence, any witnesses to help him out, or any positive character references that can help him ultimately in sentencing? I have to look at all those factors before I advise him.
The Crown works very hard to win a murder trial and it becomes you and your client alone facing the best resources of the police and the state and Crown attorney’s office who are trying to put your client away for life. I am well beyond being offended by the aggravating features of an accused or an accused’s actions. If I had a tough time defending people who did awful things, I would not be doing this.
After 17 years, I am still not used to that moment when you come back into the court room and the jury has a verdict, especially in a murder case where the stakes are so high. I am always amazed at how cool and calm the clients are when they are waiting to hear those words. They can hear word “guilty” and they are going to jail for 20 odd years or they can hear the words “not guilty” and go home that afternoon. It still astounds me and it’s something that I will never get used to.
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If you, or someone you care about, is dealing with criminal law issues in the Ottawa, Ontario Region, contact Engel & Lewandowski Barristers & Solicitors for a consultation.
