Disclaimer Time:
I’m an attorney, but don’t practice criminal law.
That said there is much incorrect information in the above posts………………………..
@AviK the attorney was wrong to say this to the jury in the death penalty phase. If the client was truly legally insane, the please should have been not guilty because of insanity. Expert testimony and evidence would be entered during the trial to prove insanity. The words of the attorney in summation hold no authority, they may influence the jury, but are not authoritative
@yytz A client may not always fire his attorney, client needs judge’s permission during trial as it may cause delay. If the plea has been one of insanity then the judge may be loathe to allow client to make decisions like this.
The client’s mental health as a mitigating factor is brought in by expert testimony, NOT simply by an attorney’s statement which is not part of the trial required to be considered by the jury.
@Joseph
Morality is a religious question, Ethical is a legal standards question in American Jurisprudence. An attorney can not cause a danger to society to be lefty free in society, the trier of fact (judge and/or jury) does that. The Defense Attorney has the ethical responsibility to advocate his best for his client. The Prosecuting Attorney should be trying to keep people whop are dangers to society off the streets.