So, for example; a murderer knows under Country x law, the punishment if found guilty is death by hanging.Royal24s wrote:Most people do plead not guilty to murder actually. Of course only know about the evidence from third party hearsay, and it's important that it's checked out by a Court, but I'm guessing it'll be about his state of mind at the material time.
Not just the possible claim that he was insane, but whether he actually intended her to die - maybe trying to reduce it to manslaughter .
Obviously we can all form an opinion, and of course it seems very unlikely that he's got an answer to any if this, but my point is that he and everyone else must have an opportunity to explain himself if he can before justice can be done.
The justice of the Lynch Mob is no justice at all .
The law is stating murder is unacceptable in Country x and the punishment of breaking that law is death by hanging.
The process of determining guilt probably starts with the Police suspecting a law has been broken, gathering evidence to support there suspicions and then over to the justice system if the Police believe that have sufficient evidence to convict.
They then gather evidence to present to a Judge and Jury in a manner that they hope would lead to a conviction.
Meanwhile, the suspect has at his disposal representation to prove his innocence; they will gather evidence to disprove the evidence the Police have gathered and ultimately prove there guy didn't in fact commit the crime.
A Jury will then deliberate on the evidential facts that they have available to them via evidence solely provided to them curtosy of both the defence and prosecuting sides, with the Judge acting as referee in this process.
If found guilty the Judge will then administer the punishment in accordance with the law. In this case hanging.
That sounds fair to me.
However, I think the only thing a defence lawyer can or should do is prove somebody is innocent, I don't think a defence lawyers job is to try and ensure a guilty man's freedom at the expense of justice.
Is that pretty much how it all works?
Again who advised Joe Cox killer to plead not guilty? I would certainly hope that advise didn't come from somebody that was there to prove his innocence of this crime. That's where my problem starts. You either did it or you didn't.