Ethics and Criminal Defense: A Client's Desire to Testify Untruthfully (From Ethics in Criminal Justice, P 62-77, 1990, Frank Schmalleger, ed. -- See NCJ-121656)

• NCJ Number: 121659
• Author(s): J M Pellicciotti
• Date Published: 1990
• Length: 16 pages
• Sale Source: Wyndham Hall Press, Inc.
• Publication Type: Issue Overview
• Language: English
• Country: United States of America

Annotation

This article considers the propriety of remedial measures advanced for the attorney to deal with client perjury.

Abstract

The overriding function of the criminal justice profession is to attempt to do justice. The criminal defense attorney advances the function through zealous and loyal representation of the client. 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. For known perjury, an active response of rectification by disclosure is advocated. (Author abstract modified)