DEFENDING THE GUILTY

Dominion, Volume 9, Issue 2714, 8 March 1916, Page 7

DEFENDING THE GUILTY

WHAT V A BARRISTER. THINKS. The problem discussed of whether a barrister, knowing his client to ha Kuilfcy, may still continue to plead for an ac<iuittal, has always perplexed tlm lay mind, and a barrister flu'ows sonic littlil, on tho question ill the "Daily itlail." "The pnblir," he writes, "eoilfuso the function of an advocate ivilli those of a witness. An advocate is not allowed to make a statement of fitet, nor is lie allowed In vouch for tho truth of a statement nor express his own opinion. If a barrister says to tho jury: 'I believe this to bo so,' or 'I am satisfied UirvJ this man did not steal the dog, 1 lie may be rebuked by tho Bench. "Counsel must lead the jury lo draw inferences in his favour. He may not draw inferences for them. That, is tha true viow of advocacy which is so often confused. A prisoner is entitled to have every infereiieo drawn ill his favour which lack of conclusive testimony against him may justify. The judce, whose calendar on tho bench bosido him is noted up with tho prisoner's pre. viotis convictions, says nothing about them, and though the information in his possession leaves practically no doubt in his trained mind, he cives tbo jury no hint of what he thinks. The attitude of the, defending counsel is somewhat similar. "There is at least one ease in which knowledge by defending counsel _of_ a prisoner's guilt may possibly prejudice liis conduct of tho defence. If tho crime in question must oil the facts, have been committed by one of two men, counsel would clearly find it difficult, knowing one of them to bo tho culprit, to attempt by the line he takes in his conduct of the defence to saddle tho other with suspicion or guilt, "It may he for some such reason as this that the Bar. Council advise_ a barrister who receives a confession of guilt before the trial to return his brief. To do so during the trial would clearly prejudice the prisoner."