Not guilty?

Discussion in 'Politics' started by sukmycock00, Jan 4, 2010.

  1. sukmycock00

    Verified Gold Member

    Joined:
    Dec 23, 2006
    Messages:
    605
    Albums:
    2
    Likes Received:
    80
    Verified:
    Photo
    Just wondering...and no, none of this is true, I am just curious.

    Let's say I committed a crime, a murder in this instance. I am guilty, and I know it, yet, I am still awarded an attorney. I confess my crime to said attorney. Is that attorney obligated to not enter a plea of "not guilty?" By this, I mean that if I confess a crime to an attorney, is he still allowed to plead not guilty on my behalf?

    I know there are reasons to deflect guilt, insanity and all sorts of defenses, but where is the legal and ethical line drawn?
     
  2. B_Nick4444

    B_Nick4444 New Member

    Joined:
    Nov 24, 2007
    Messages:
    7,002
    Likes Received:
    12
    Gender:
    Male
    Location:
    San Antonio, TX
    can't hardly wait for the LPSG's crowd's response on this one...

    :popcorn:
     
  3. unabear09

    Gold Member

    Joined:
    Jul 17, 2007
    Messages:
    7,083
    Albums:
    1
    Likes Received:
    24
    Gender:
    Male
    Location:
    Little Rock, AR
    oh lord!
     
  4. dj30905

    dj30905 New Member

    Joined:
    Jan 10, 2009
    Messages:
    245
    Albums:
    1
    Likes Received:
    3
    Gender:
    Male
    Wouldn't that depend on the motives? I would have to say that the attorney could still defend them in a not guilty plea, especially depending on the situation. Then again, it may be different for premeditated murder or killing for something other than protection of safety/property. I definitely look forward to others' take on this scenario. May take a little while, but I'll see what I can find in 18 U.S.C., Section 1111, which deals with homicide.
     
    #4 dj30905, Jan 4, 2010
    Last edited: Jan 4, 2010
  5. joyboytoy79

    Gold Member

    Joined:
    Aug 28, 2006
    Messages:
    8,557
    Albums:
    4
    Likes Received:
    9
    Gender:
    Male
    Location:
    DC-ish
    If you confess to the attorney, and nobody else, it is confidential. It remains so, unless you confess to the intent to COMMIT a crime. An attorney cannot, without your consent, enter a plea you do not wish to enter. The attorney may remove him or herself from your case, however.

    Attorney-client privilege - Wikipedia, the free encyclopedia (I'm sorry, Wiki was he least legalese source i could find, and plain English is best in these situations)

    Thank you, you've been MOST helpful, as usual.
     
  6. dj30905

    dj30905 New Member

    Joined:
    Jan 10, 2009
    Messages:
    245
    Albums:
    1
    Likes Received:
    3
    Gender:
    Male
    CHAPTER 51—HOMICIDE
    Sec.
    1111. Murder.
    1112. Manslaughter.
    1113. Attempt to commit murder or manslaughter.
    1114. Protection of officers and employees of the
    United States.
    1115. Misconduct or neglect of ship officers.
    1116. Murder or manslaughter of foreign officials,
    official guests, or internationally protected
    persons.
    1117. Conspiracy to murder.
    1118. Murder by a Federal prisoner.
    1119. Foreign murder of United States nationals.
    1120. Murder by escaped prisoners.
    1121. Killing persons aiding Federal investigations
    or State correctional officers.
    1122. Protection against the human immunodeficiency

    virus.


    Yeah...fun..Is the scenario murder or manslaughter?
    But, joyboytoy79 has the confidentiality thing right. Morally, it depends on the scenario whether or not I'd say "screw this".
     
    #6 dj30905, Jan 4, 2010
    Last edited: Jan 4, 2010
  7. dj30905

    dj30905 New Member

    Joined:
    Jan 10, 2009
    Messages:
    245
    Albums:
    1
    Likes Received:
    3
    Gender:
    Male
    § 1111. Murder​
    (a) Murder is the unlawful killing of a human
    being with malice aforethought. Every murder
    perpetrated by poison, lying in wait, or any
    other kind of willful, deliberate, malicious, and
    premeditated killing; or committed in the perpetration
    of, or attempt to perpetrate, any
    arson, escape, murder, kidnapping, treason, espionage,
    sabotage, aggravated sexual abuse or sexual
    abuse, child abuse, burglary, or robbery; or
    perpetrated as part of a pattern or practice of
    assault or torture against a child or children; or
    perpetrated from a premeditated design unlawfully
    and maliciously to effect the death of any
    human being other than him who is killed, is
    murder in the first degree.​
    Any other murder is murder in the second degree.
     
  8. dj30905

    dj30905 New Member

    Joined:
    Jan 10, 2009
    Messages:
    245
    Albums:
    1
    Likes Received:
    3
    Gender:
    Male
    § 1112. Manslaughter
    (a) Manslaughter is the unlawful killing of a
    human being without malice. It is of two kinds:
    Voluntary—Upon a sudden quarrel or heat of
    passion.
    Involuntary—In the commission of an unlawful
    act not amounting to a felony, or in the commission
    in an unlawful manner, or without due
    caution and circumspection, of a lawful act
    which might produce death.
    (b) Within the special maritime and territorial
    jurisdiction of the United States,
    Whoever is guilty of voluntary manslaughter,
    shall be fined under this title or imprisoned not
    more than 15 years, or both;
    Whoever is guilty of involuntary manslaughter,
    shall be fined under this title or imprisoned

    not more than 8 years, or both.


    Can't blame me for askin...I just wanna see how his scenario would play out according to whether or not found guilty. The defense is a whole other ballgame :biggrin1:
     
  9. B_Nick8

    B_Nick8 New Member

    Joined:
    Jun 29, 2007
    Messages:
    11,912
    Likes Received:
    44
    Gender:
    Male
    Location:
    New York City, by way of Marblehead, Boston and Ge
    Why? Oh, Nick o' de sixes, we're not ignorant of the law.

    You, on the other hand are just...
     
Draft saved Draft deleted