Ethics and Criminal Defense: A Client's Desire to Testify Untruthfully

• NCJ Number: 109734
• Journal: Justice Professional Volume: 2 Issue: 2 Dated: (Fall 1987) Pages: 78-91
• Author(s): J M Pellicciotti
• Date Published: 1987
• Length: 14 pages
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

The overriding function of the criminal justice profession is to attempt to do justice.

Abstract

The criminal defense attorney advances the function through zealous and loyal representation of the client. Ethical demands require such representation. Ethical demands also require moral firmness and good faith conduct by the defense attorney. When these demands conflict, ethical balances must be struck. Such a process is needed when the defense attorney's client desires to testify untruthfully. This article considers the propriety of remedial measures advanced of the attorney to deal with client perjury. For known perjury, it advocates an active response of rectification by disclosure. (Author abstract)