ROLE OF DEFENCE LAWYERS IN CRIMINAL JUSTICE MACHINERY

Submitted By:

Niyati Srivastava

Batch 2021-26

B.B.A. LL.B.

PRN: 21010224036

Symbiosis Law School, NOIDA

Symbiosis International (Deemed University), Pune

In

March

2024

Under the guidance of

Dr. Mohit Sharma (Associate Professor)

Symbiosis Law School, NOIDA

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 INDEX
Serial No. Headings Page No.

1. Introduction 3

2. Legal Framework Governing Defence Lawyers 4

3. Roles and Responsibilities of Defence Lawyers 5

4. Challenges Faced by Defence Lawyers 6

5. Impact of Defence Lawyers on Criminal Justice Outcomes 7

6. Conclusion 8

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 INTRODUCTION

Any society's cornerstone is its criminal justice system, which works to defend individual rights while
maintaining law and order. Defence lawyers are essential to the criminal justice system because they
represent those who are accused of crimes and protect their rights in court. The legal framework that
governs defence lawyers lays down the obligations, rights, and moral principles that direct their work
and guarantee the impartial administration of justice. This framework includes provisions for legal
aid, disclosure obligations, criminal procedural statutes, ethics codes, court procedures, and appellate
processes. In order to guarantee that defendants have fair trials, have access to legal counsel,
and are shielded from any abuses of power within the legal system, defence lawyers are
essential. This introduction emphasizes the significance of legal frameworks and
constitutional protections in defending the rights of the accused and lays the groundwork for
a discussion of the changing role of defence lawyers in the criminal justice system. Through
an analysis of the duties, obstacles, and influence of defence lawyers in the criminal justice
system, we can get a more profound comprehension of their vital function in advancing
impartiality, equity, and due process in legal trials.

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 LEGAL FRAMEWORK GOVERNING DEFENCE LAWYERS

The legal framework and constitutional safeguards surrounding defence lawyers are crucial
for ensuring fair trials and protecting the rights of the accused. These protections include the
Sixth Amendment's right to counsel, which ensures that defendants have legal representation
during their trial, and the Fifth and Fourteenth Amendments' guarantee of due process.
Defence lawyers uphold the presumption of innocence and advocate for their clients
throughout the legal process, ensuring their rights are protected and they receive a fair trial.
Defence lawyers are bound by regulations ensuring confidentiality and privilege, which
fosters trust and open communication between lawyers and clients. They utilize legal
privileges such as cross-examination and the exclusionary rule to strengthen their clients'
cases and ensure a fair trial. Upholding justice in the criminal justice system relies on the
legal framework and constitutional protections governing defence lawyers, which aim to
guarantee fair trials and protect the rights of the accused through legal counsel and protection.
Additionally, the Supreme Court has ruled through the process of constitutionalization that
the State must implicitly provide free legal services to an accused person who is unable to
hire an attorney due to circumstances like poverty, indigence, or being incommunicado. This
is in line with the fundamental right to life. The sole requirement would be that the accused
must be found guilty of an offense that, if proven, would carry a jail sentence. Only then
would the accused be eligible for free legal representation due to the unique facts of the case
and the demands of social justice.

In KHATRI v. STATE OF BIHAR1, it was decided that the accused should be informed by
the court he appears before that if his poverty prevents him from hiring a lawyer, he is
eligible to receive free legal services from the State.

Under Article 22 of the Constitution, the accused is likewise entitled to the counsel of his
choice. Free legal aid is also provided by Article 39-A since the state is required by the
directive's guiding principles to do so. In SUKH DAS v. UT OF ARUNACHAL
PRADESH2, the Supreme Court ruled that the conviction of the accused in a trial where he
was denied legal representation would be overturned for violating Article 21 of the
Constitution.

1
Khatri And Others vs State Of Bihar 1981 SCR (2) 408, 1981 SCC (1) 627
2
SUKH DAS v. UT OF ARUNACHAL PRADESH 1986 AIR 991, 1986 SCR (1) 590

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 ROLES AND RESPONSIBILITIES OF DEFENCE LAWYERS

In contrast to other government employees covered by the Code, such police officers and
prosecutors, the attorneys and pleaders tasked with defending the accused are not state
employees, and they are typically paid for their services from those who are accused.
However, they also serve as court officers and are extremely important in ensuring that an
accused individual has a fair trial.

One such someone who will provide their services to those accused of these kinds of offenses
is a criminal defence lawyer. These certified individuals will initially speak with the accused
party as the first step in their services. Through this kind of conversation, they will attempt to
look into a number of topics and learn all the specifics of the incident. Since they are the ones
who fight for justice on behalf of the accused, these laws protecting people are always in high
need. “The goal of a defence lawyer is to act in the best interests of his client. This could
involve a variety of duties, such as obtaining information and presenting it in court,
negotiating bail, handling media attention through conferences or press releases, and plea
negotiations.”3 In the perfect world, the defence lawyer would get her client exonerated or
have the charges against her withdrawn, but in most criminal cases, this is just not possible.
Information provided by a client to a defence lawyer is normally private, but in cases where
national security is at risk, they may attempt to obtain and reveal sensitive information from
their clients. A defence attorney's responsibility is to meet the high burden of proof by
presenting all available evidence to refute the prosecutor's claims and contesting any dubious
factual assertions made by the prosecutor. The defence attorney may attempt to have charges
dropped due to shaky testimony or evidence, as well as procedural inaccuracies. The defence
lawyer, who also works to protect them against infringement, explains the defendant’s rights
to him.

Advice for entering a plea, accepting a plea deal, forgoing a jury trial, and whether the
defendant should testify on his own behalf can all be obtained from the defence lawyer.
Which witnesses to call and how to cross-examine them are decisions that the defence lawyer
can make. Potential jurors who the defence lawyer believes may be biased against the
defendant can be identified and tried to be excluded from the jury.

A criminal defence lawyer is essential in obtaining facts, comprehending the case, and
outlining the advantages and disadvantages for their clients. They might bargain with
prosecutors to get charges dropped and use detectives to gather proof. Defence lawyers stand
up for their clients' rights in court, notify them of developments, and safeguard their interests.
Overall, they offer thorough legal counsel and advocacy to guarantee the greatest result for
their clients. He informs his clients of the potential penalties for their offenses. In addition, he
describes his procedures and guidelines to assist customers in receiving a just conviction.
Criminal defence lawyers handle all types of criminal charges, including driving under the
influence, operating marijuana grow operations, driving while prohibited, driving
dangerously, administrative driving prohibitions, and any other driving offenses. They also
handle theft, fraud, shoplifting, communicating with the intention of committing prostitution,
and assaults like domestic or spousal assault. The right to counsel safeguards an accused
3
Dash, S. (1969) ‘The Emerging Role and Function of the Criminal Defense Lawyer’, NORTH CAROLINA
LAW REVIEW , 47(3).

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person's right to a fair trial, the right to a full answer and defence, the right to be safe from
arbitrary search and seizure, and the right to remain silent and not implicate oneself. The
innocent are shielded from wrongful conviction through the right to counsel.

The defence lawyer can also advise the accused on various tactics and defences that may be
employed in the case, along with the advantages and disadvantages of each. In order to
comprehend the defendant's version of events and choose the best defence (such as an alibi,
self-defence, or misidentification), the defence lawyer consults with the defendant and any
other witnesses. Defence attorneys have a professional obligation to present all ethically
admissible defences on behalf of their clients, guaranteeing that the accused will only be
found guilty if the prosecution can prove its case.

In A.S. Mohammed Rafi v. State of Tamil Nadu, the court noted that every individual,
regardless of how evil, depraved, perverted, disgusting, or vicious they may be viewed by
society, has the right to legal representation. As such, it is the duty of the defence lawyer to
maintain the client's innocence until the prosecution proves their guilt beyond a reasonable
doubt.4

Defence lawyers contribute significantly to the protection of individual rights, the

maintenance of due process, and the upholding of justice principles within the criminal
justice system by carrying out these functions and duties.

CHALLENGES FACED BY DEFENCE LAWYERS

In the criminal justice system, defence lawyers face numerous difficulties while defending
clients who have been charged with crimes. These challenges may have a major influence on
their capacity to guide clients through the complexities of the legal system and offer
competent representation. One of the biggest challenges facing defence lawyers is a lack of
resources, including money for vital services like legal research, expert witness testimony,
and investigations. Their ability to provide a thorough defence for their clients is frequently
hindered by this paucity, which could jeopardize their chances of a fair trial.
The difficulties defence lawyers confront are further compounded by differences in access to
legal counsel. The essential idea of equal justice under the law may be compromised in
situations when legal aid services are underfunded or non-existent, preventing people from
receiving competent legal representation. Further complicating the work of defence lawyers
is the significant influence that prosecutors have; these individuals often have better resources
and institutional support. This imbalance can tilt court procedures against the defence.

The defence lawyer's job becomes more challenging due to the pressure to get plea
agreements, intricate court procedures, and communication difficulties with clients. The
emotionally taxing nature of their profession, ethical conundrums, and stigma attached to
defending accused people, negative public opinion, and necessity to adjust to the changing
legal environment all add to the difficulty of their job. Defence lawyers continue with
4
Bora, G. (2023a) ‘Role of a Defense Lawyer in a Criminal Proceeding’, The EduLaw [Preprint]. Available at:
https://portal.theedulaw.com/SingleNotes?title=role-of-a-defense-lawyer-in-a-criminal-proceeding.

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fortitude, devotion, and a firm commitment to defending the values of justice and fairness in
the criminal justice system in the face of these overwhelming obstacles. Even in the face of
major challenges, their tireless advocacy guarantees the protection of the accused's rights and
the integrity of the legal system.

IMPACT OF DEFENCE LAWYERS ON CRIMINAL JUSTICE

OUTCOMES

As fierce defenders of those accused of crimes, defence lawyers have a substantial impact on
the maintenance of the right to a fair trial within the criminal justice system. Defence lawyers
protect the rights and interests of defendants by representing them in court, making sure they
receive knowledgeable and fervent advocacy. Protecting the integrity of the judicial system
means defence lawyers vigorously refute the prosecution's case, insist on following due
process, and confront any inconsistencies or violations during the trial process. This upholds
the assumption of innocence.

In order to minimize the chance of injustices and maintain the adversarial character of the
legal system, defence lawyer's skilful assistance is essential. Defence lawyers work to create
a more just and equitable legal system by standing up for those who are marginalized or
vulnerable and by questioning power disparities. “They carefully examine the evidence,
contest its admissibility, and promote openness and responsibility in the judicial process,
protecting defendants from unjust treatment and other abuses.” 5 Additionally, defence
lawyers are essential in negotiating plea deals or alternative sentencing choices that benefit
their clients. Defence lawyers can obtain results that lessen the severity of possible
punishments and preserve the concepts of proportionality and fairness by participating in plea
talks and standing out for their clients' best interests.

Overall, defence lawyers play a crucial role in defending the right to a fair trial, defending the
constitutional rights of defendants, promoting justice, and skilfully navigating the
complexities of the criminal justice system. Their steadfast dedication to following the law
and acting morally is crucial to maintaining the ideals of justice and equity for those who are
accused of crimes.

5
Johnston, E. (2020) ‘The adversarial defence lawyer: Myths, disclosure and efficiency— A contemporary
analysis of the role in the era of the Criminal Procedure Rules’, The International Journal of Evidence & Proof,
24(1), pp. 35–58. Available at: https://journals.sagepub.com/doi/full/10.1177/1365712719867972.

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 CONCLUSION

Choosing a criminal defence lawyer is an important choice that will have a big influence on
how your case turns out. They can offer you legal advice, defend your rights, and assist you
in getting the result you need for your case. You can confidently navigate the court system
and get the best result for your case when you have the proper criminal defence attorney on
your side. Upholding the ideals of justice and fairness in a criminal trial requires the defence
attorney to play a variety of roles. Defence attorneys provide as a crucial safety net against
future injustices by defending constitutional rights, carrying out in-depth investigations,
creating legal tactics, offering counsel in court, negotiating plea agreements, and pushing for
just punishment. Their knowledge and commitment are essential to maintaining a fair process
for all parties involved and balancing the power dynamics within the criminal justice system.