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To: connectthedots
A criminal defendant has a constitutional right to testify in his defense. ( Rock v. Arkansas (1987) 483 U.S. 44 [107 S.Ct. 2704, 97 L.Ed.2d 37].) However, rules of professional conduct prohibit attorneys from participating in the presentation of perjured testimony. (Nix v. Whiteside (1986) 475 U.S. 157, 166 [106 S.Ct. 988, 994, 89 L.Ed.2d 123]; [*13] People v. Johnson (1998) 62 Cal.App.4th 608, 619.) Where a client insists on presenting false testimony of himself or of other witnesses, California courts have approved an approach under which the attorney allows the client to do so but does not participate by conducting the examination and does not argue the false version of the facts to the jury. ( People v. Guzman (1988) 45 Cal.3d 915, 944-945, disagreed with on another point in People v. Marshall (1990) 50 Cal.3d 907, 933, fn. 4, overruled on another point in People v. Price (2001) 25 Cal.4th 1046, 1069, fn. 13; People v. Gadson (1993) 19 Cal.App.4th 1700, 1712-1713; Johnson, supra, at p. 629.)
217 posted on 09/17/2002 11:59:02 AM PDT by Amore
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To: Amore
In Michigan, a defense attorney has an absoulute obligation to inform the court if he know for a fact that his client is lying on the witness stand. Ti do otherwise would be suborning perjury. Only Clinton's lawyers are allowed to do that. This is one of the primary reason seasoned lawyers don't ask their clients.

With respect to the attorney knowing the defenant is guilty, the lawer has an ethical obligation to continue to represent the defenant even if the attorney is conviced of his guilt. All defendants are entitled to a trial by the Constitution; even the guilty ones. They are also allowed legal counsel.

Most lay people fail to understand the roles of the players in a criminal proceeding. The role of the defense attorney is too insure that the case against the Defendant is real (done so by challenging the governments evidence)and to put the Defendants case before a jury whos job it is to determine guilt or innocence.

354 posted on 09/17/2002 5:58:14 PM PDT by CharacterCounts
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