May a lawyer publicly state that his client is crazy?

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  • #1451362
    Avi K
    Participant

    Attorney Larry English said this to a jury in a attempt (which did not work) to save him from the death penalty – against his client’s wishes. The client, Robert McCoy, is still claiming that he is innocent. SCOTUS is considering if he was deprived of the right to a fair trial. Opinions?

    #1451606
    yytz
    Participant

    This is very normal under American law. If you are legally insane, you cannot be executed. If the lawyer believes what he is saying, it is fine. A lawyer has a duty to advocate for his client. Sometimes this can even mean doing things against the client’s wishes, though this is tricky issue and rarely occurs. A client can always fire his attorney.

    Under American law, to decide whether someone should be sentenced to death, the jury considers both aggravating (factors that make the death penalty appropriate) and mitigating circumstances (factors that would make it not appropriate). One mitigating factor is mental health. So even if someone is not legally insane, if they have serious mental health problems (“defendant’s capacity to appreciate the wrongfulness of the defendant’s conduct or to conform conduct to the requirements of law was significantly impaired”), that could be something the jury could consider in deciding whether to impose the death penalty. The jury should hear all the relevant information on both sides and then make its decision. It’s fine if the attorney argues, look, given all the information I’ve shown you, you should conclude that based on his mental health problems, he doesn’t deserve the death penalty.

    If he’s actually innocent, may he be speedily released.

    #1451545
    Gadolhadorah
    Participant

    Not a simple yes/no question. An attorney may claim mental impairment, illness etc. consistent with advocacy on behalf of his client to the extent it would be exculpatory under the charges brought by the prosecutor or mitigate the charges or in sentencing. The procedural rules and ethical obligations of counsel are governed by the applicable federal or state laws in the proceeding, local bar rules, the circumstances in which he/she has assumed the representation (e.g. retained by the client, court appointment etc).

    #1451541
    blubluh
    Participant

    I’m no attorney, but I think an attorney has a legal as well as an ethical obligation to protect a client who is legally incompetent either to stand trial to begin with, to allow such a client to make statements, pleas or motions that may affect the case or to be sentenced without due consideration of the client’s diminished capacity.

    Of course, theoretically the client could dismiss the attorney from representing him/her before the court rules on the client’s competency.

    #1451650
    Joseph
    Participant

    It is immoral for an attorney to cause a danger to society to be re-released back to society. Even if that dangerous fellow is his client.

    #1451773
    CTLAWYER
    Participant

    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.

    #1451923
    Avi K
    Participant

    CTL,
    1. May an attorney plead insanity against the client’s will.
    2. What is the difference between morality and ethics?
    3. While you are technically correct that the judge/jury decides the verdict an attorney can blow smoke, especially in the case of a jury.

    #1451937
    CTLAWYER
    Participant

    @AviK
    #1 Depends on Jurisdiction
    In many jurisdictions the judge makes the defendant rise and questions whether he/she agrees to the guilty pleas and understands the ramifications. If the defendant says no, the judge may refuse the plea. Judge can order a court psychiatric evaluation

    #2 Morality is a set of beliefs, often personal or religion based. In US legal system Ethics are a set of rules that Attorneys and Judges must follow or be subject to sanctions.

    #3 A judge in charging the jury will remind them that the attorney’s summation is NOT evidence, and has not been given under oath, subject to cross examination and penalties of perjury

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