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Society vs. the Individual
The article “When a defendant in a capital case says “not guilty,” can his attorney say “guilty?” argued whether the attorney of an defendant can disagree with the defender and go against his wish. In the case, is regarding Mr. McCoy accused of murder by the police. In the case, McCoy argued that he was away from town and the police is only accusing him murder because of his knowledge of police involvement in drug. However, the article is argues whether the attorney Mr. English violated the constitutional right of Mr. McCoy and whether English made the right decision on behalf of his client.
It is important to note that a defendant criminal has a constitutional right to be heard and the case determine based on the evidence presented by both the defendant and the prosecutor. Therefore, it could have been right for the defendant attorney Mr. English to consider all options available based on the law and evidence without push McCoy to accepted negotiated terms. McCoy said repeatedly that he did not commit the murder and it would be the role of his attorney to conduct research and due diligence without looking for short justiceCITATION Amy18 \p 5 \l 1033 (Howe 5). Therefore, I agree with Mr. McCoy sentiment and English was wrong his actions violated the right of his clientCITATION Amy18 \p 4 \l 1033 (Howe 4). It is important for the defendant attorney to listen to his client and take all available measures without rushing to conclusion. It is evident that English prejudged his client and made decision that his client is guilty. It would have been appropriate for defendant attorney to invite the witnesses as requested by McCoy before rushing to negotiate with the prosecutor on the jail term.
The action taken by the defendant attorney would be the best action when an attorney has overwhelmed evidence that his client is guilty. However, in the case, I believed the defendant attorney did not look for all options and the defendant attorney did not have enough evidence. I believe the Supreme Court would make decision in support of the defendant. Supreme Court could order for the review of the case to allow all the witnesses to testify before the jury, and this would be the best decision for the court.
Works Cited
BIBLIOGRAPHY Howe, Amy. "Argument preview: When a defendant in a capital case says “not guilty,” can his attorney say “guilty”?" https://www.scotusblog.com/2018/01/argument-preview-defendant-capital-case-says-not-guilty-can-attorney-say-guilty/ (2018): 2-15.
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