1. A belief that courts, and not news outlets, are best placed to determine a person's guilt. Consider how you, personally, know whether or not this person did anything. You saw it on CNN? Do you really think news outlets are reliable enough to base executions on?
2. Respect for "innocent until proven guilty". If you don't believe in that, imagine being falsely accused of paedophilia, or plotting to commit an act of terrorism, on the say-so of someone with a grudge against you. Do you really want mob justice? If so, pray the mob never turns against you. And read the stories posted by commentors on the page linked below.
3. The fact that an adversarial system, such as Anglo-American legal systems have, simply cannot work without a defence for accused persons. Any mitigating factors (such as mental illness) will be presented to the court and duly considered. If they're ill-founded they'll be rejected. If they're well-founded then they'll be rightly taken into account. Of course courts aren't perfect and don't always get it right, but they're a hell of a lot more reliable than emotion-fired mobs.
4. The fact that if he isn't allowed a defence lawyer, he can't be tried, and therefore can't be convicted. Nobody can be forced to defend themselves against expert prosecution lawyers – people who defend themselves have chosen to do so. This follows from point 3.
Accordingly, the kindest thing for the victims' families is for the lawyer to defend the accused as well as she can, because if she doesn't do her best job there's the risk of a mistrial followed by years of appeals, denying closure to the victims' families.
5. The need to establish a person's mental state, as well as their purely physical actions, as part of criminal guilt or innocence. Mens rea (the "guilty mind") is an absolutely basic and fundamental concept to the criminal law. If you get rid of this, you'd execute a devoted husband who kills his wife while sleepwalking and dreaming that he's being attacked by an armed man, or while high on LSD which someone else put into his glass of water without his knowledge.
6. Opposition to the death penalty might be a motivation, but personally I think the other arguments are quite enough.
7. The love of a challenge. Given that somebody has to take on this difficult task, a person who enjoys taking on difficult tasks might decide it might as well be them.
8. Don't forget that defending an accused person doesn't necessarily mean denying that they did it. I expect this accused will admit the killings but plead insanity, and diminished responsibility in the alternative. (Not strictly speaking a reason, but an important point nonetheless.)
I think that's enough to be getting on with, don't you?
2. Respect for "innocent until proven guilty". If you don't believe in that, imagine being falsely accused of paedophilia, or plotting to commit an act of terrorism, on the say-so of someone with a grudge against you. Do you really want mob justice? If so, pray the mob never turns against you. And read the stories posted by commentors on the page linked below.
3. The fact that an adversarial system, such as Anglo-American legal systems have, simply cannot work without a defence for accused persons. Any mitigating factors (such as mental illness) will be presented to the court and duly considered. If they're ill-founded they'll be rejected. If they're well-founded then they'll be rightly taken into account. Of course courts aren't perfect and don't always get it right, but they're a hell of a lot more reliable than emotion-fired mobs.
4. The fact that if he isn't allowed a defence lawyer, he can't be tried, and therefore can't be convicted. Nobody can be forced to defend themselves against expert prosecution lawyers – people who defend themselves have chosen to do so. This follows from point 3.
Accordingly, the kindest thing for the victims' families is for the lawyer to defend the accused as well as she can, because if she doesn't do her best job there's the risk of a mistrial followed by years of appeals, denying closure to the victims' families.
5. The need to establish a person's mental state, as well as their purely physical actions, as part of criminal guilt or innocence. Mens rea (the "guilty mind") is an absolutely basic and fundamental concept to the criminal law. If you get rid of this, you'd execute a devoted husband who kills his wife while sleepwalking and dreaming that he's being attacked by an armed man, or while high on LSD which someone else put into his glass of water without his knowledge.
6. Opposition to the death penalty might be a motivation, but personally I think the other arguments are quite enough.
7. The love of a challenge. Given that somebody has to take on this difficult task, a person who enjoys taking on difficult tasks might decide it might as well be them.
8. Don't forget that defending an accused person doesn't necessarily mean denying that they did it. I expect this accused will admit the killings but plead insanity, and diminished responsibility in the alternative. (Not strictly speaking a reason, but an important point nonetheless.)
I think that's enough to be getting on with, don't you?
Vigilantibus non dormientibus jura subveniunt.
—Nous disons en allemand : le guerre, le mort, le lune, alors que 'soleil' et 'amour' sont du sexe féminin : la soleil, la amour. La vie est neutre.
—La vie ? Neutre ? C'est très joli, et surtout très logique.
—Nous disons en allemand : le guerre, le mort, le lune, alors que 'soleil' et 'amour' sont du sexe féminin : la soleil, la amour. La vie est neutre.
—La vie ? Neutre ? C'est très joli, et surtout très logique.
What motivates someone to pull out all the stops defending the Arizona shooter in court?
13/01/2011 06:46:14 PM
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Because even the guilty are entitled to a full and proper defence.
13/01/2011 06:58:51 PM
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A belief in everyone's right to a defense? *NM*
13/01/2011 07:02:24 PM
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Isn't it a little strange...
13/01/2011 07:08:49 PM
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I don't know anything about the woman or the people she has defended before
13/01/2011 07:10:56 PM
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Timothy Mcveigh, Eric Rudolph, Theodore Kazynski, Zacharias Moussai, Susan Smith...
13/01/2011 07:16:07 PM
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All of these strike me as people who might not get a fair hearing.
13/01/2011 07:18:24 PM
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Re: All of these strike me as people who might not get a fair hearing.
13/01/2011 07:23:15 PM
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So once you sit down and have a heart to heart with your client an discover that he is simply evil..
13/01/2011 07:30:53 PM
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My god, man, take an ethics class.
13/01/2011 07:37:16 PM
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So by your ethics...
13/01/2011 07:40:36 PM
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If he can't be defended he can't be tried and thus he can't be convicted.
13/01/2011 07:44:57 PM
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I suspect he disparages "technicalities" as well. *NM*
13/01/2011 07:48:14 PM
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Maybe he IS insane
13/01/2011 07:17:46 PM
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So what if he is?
14/01/2011 01:11:44 AM
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Capital punishment is more expensive than life in prison.
13/01/2011 07:34:29 PM
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So in other words out of self interest I should admire her? Now THAT's evil...
13/01/2011 07:38:36 PM
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13/01/2011 07:40:42 PM
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Re:
13/01/2011 07:49:56 PM
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Do you know what happened before there were defence lawyers for all accused? *NM*
13/01/2011 10:37:55 PM
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Do you believe the severity of the crime should affect your defense?
13/01/2011 07:45:16 PM
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No.
13/01/2011 08:44:05 PM
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Have you any way to back up this statement?
13/01/2011 08:49:41 PM
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re:
13/01/2011 09:09:05 PM
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I just get a sense that those principles are worshipped more than the cause they supposedly serve...
13/01/2011 09:19:59 PM
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Take a look at the part of the world who still use the villiage elder system
13/01/2011 09:36:18 PM
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That is one effed up world that I would not want to live in. *NM*
14/01/2011 01:42:34 AM
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the belief that for the system to work everyone needs vigorous defense
13/01/2011 07:37:40 PM
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A belief in justice
13/01/2011 08:24:25 PM
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Personally, I don't see why being insane should excuse anything...
13/01/2011 08:29:25 PM
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Many possible reasons.
13/01/2011 10:41:30 PM
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He should have been shot in the street like a dog.
14/01/2011 01:09:38 AM
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Vengeance is not justice. *NM*
14/01/2011 01:13:04 AM
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If the person is guilty, it's one in the same.
14/01/2011 01:17:54 AM
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No, it's not: their definitions and concepts are entirely different.
14/01/2011 02:27:13 PM
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Can`t consume blood, actually.
14/01/2011 04:10:57 PM
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That would not be a deterrent to people who are mentally ill. *NM*
14/01/2011 01:25:56 AM
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By that logic nothing would.
14/01/2011 01:29:41 AM
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And by that logic, we should kill people with HIV.
14/01/2011 06:20:03 AM
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Not at all. We should kill people with HIV if they're spreading it knowingly.
14/01/2011 01:31:48 PM
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then we should kill people who spread the flu as well
14/01/2011 04:53:51 PM
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That's absurd.
14/01/2011 08:21:36 PM
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it is absurd and that is my point
14/01/2011 08:54:07 PM
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That's not the issue.
14/01/2011 09:40:00 PM
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why are the different?
14/01/2011 10:02:06 PM
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HIV is incurable.
15/01/2011 07:09:47 AM
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Unless, you know, someone is deliberately spreading flu to old people or people with
15/01/2011 12:32:42 PM
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you are correct that is why we need to fix our mental health system *NM*
14/01/2011 02:22:22 PM
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Not everyone else is doing that. So who else are you trying to deter?
14/01/2011 05:25:28 PM
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Everyone.
14/01/2011 08:23:41 PM
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gang members get killed every day by other gang members so I would say it isn't working *NM*
14/01/2011 08:31:29 PM
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If we were executing them publicly in the streets, maybe it would be. *NM*
14/01/2011 08:33:30 PM
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why would you believe that?
14/01/2011 08:58:25 PM
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It's never been tried.
14/01/2011 09:40:54 PM
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did you actually read my reply where I explained that it has been tried?
14/01/2011 09:52:43 PM
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Yes, let's bring back the justice of the lynch mob. *NM*
14/01/2011 01:44:00 AM
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It is justice if the person is guilty.
14/01/2011 01:32:44 PM
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So how would you determine if the person is guilty and deserved death? Perhaps... with a lawyer? *NM*
15/01/2011 06:05:13 AM
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No, a 5 minute trial wherein the judge watches the video of this guy killing everyone...
15/01/2011 07:05:30 AM
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Because he has absolutely no right to the laws dictated in the U.S. Constitution.
14/01/2011 03:20:58 AM
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The Constitution shouldn't protect these people.
14/01/2011 01:34:19 PM
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14th amendment -- equal protection clause. thanks for playing!
14/01/2011 04:22:17 PM
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I'm not an American.
14/01/2011 08:27:52 PM
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And believe me, that shows in more than where you were born. *NM*
14/01/2011 11:28:28 PM
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How do you determine if someone gets Constitutional protection or not?
14/01/2011 08:10:45 PM
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If someone is guilty beyond the shadow of a doubt...
14/01/2011 08:26:36 PM
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He has a reasonable defense.
14/01/2011 11:21:47 PM
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I disagree.
15/01/2011 07:04:38 AM
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That's preposterous.
15/01/2011 10:42:04 PM
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He's not retarded, he's insane.
16/01/2011 12:28:45 AM
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Both are maladies that affect the mind and reasoning processes.
16/01/2011 02:05:53 AM
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Then insane still have to pay for what they've done.
16/01/2011 02:53:47 AM
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There's a little flaw in your connection.
16/01/2011 03:14:36 AM
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Again, I disagree.
16/01/2011 04:47:08 AM
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Just because that's your opinion, doesn't mean that's applicable.
17/01/2011 03:07:47 AM
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yes because threat of death works so well on the insane
14/01/2011 02:21:42 PM
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I`ve addressed this already.
14/01/2011 04:08:28 PM
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no you admitted it wouldn't deter them
14/01/2011 05:03:24 PM
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Re: no you admitted it wouldn't deter them
14/01/2011 06:55:22 PM
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no
14/01/2011 07:15:11 PM
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Re: no
14/01/2011 07:35:07 PM
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We recently put a man to death in Texas who was very likely innocent
14/01/2011 09:24:04 PM
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Just as an aside... I suppose you have no problem with Muslims cutting off the hand of a thief?
14/01/2011 05:30:50 PM
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I invite you to show me where I've criticized the Islamic legal system.
14/01/2011 08:36:22 PM
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OK.
15/01/2011 04:40:56 PM
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I really don't care what Muslims do to each other.
15/01/2011 05:28:52 PM
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I find it hilarious that a clearly guilty man will be defended. Defended against what?
14/01/2011 03:22:20 AM
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Because the thought of people with a lynch mob mentality running the show scares them way more than
15/01/2011 03:56:44 AM
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