刑事辩护律师的职业责任

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【作者】弗里德曼,L.M.

【内容提要】

Almost any area of legal counseling and advocacy, the lawyer may be faced with the dilemma of either betraying the confidential communications of his client or participating to some extent in the purposeful deception of the court. This problem is nowhere more acute than in the practice of criminal law, particularly in the representation of the indigent accused. The purpose of this article is to analyze and attempt to resolve three of the most difficult issues in this general area:
     1. Is it proper to cross-examine for the purpose of discrediting
 the reliability or credibility of an adverse witness whom you know to be telling the truth?
     2. Is it proper to put a witness on the stand when you know he will commit perjury?
     3. Is it proper to give your client legal advice when you have reason to believe that the knowledge you give him will tempt him to commit perjury?
    These questions present serious difficulties with respect to a lawyer's ethical responsibilities. Moreover……

【关键词】Professional responsibility; Criminal defense lawyer

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