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Sunday, June 13, 2021

Representing the Innocent Client

     In many criminal trials the most important and difficult part of the defending attorney's job comes during the first half of the trial, when the prosecution is presenting its evidence. Discrediting the prosecution's case is at least as important as presenting the defense's own story.

     The guilty defendant often has an advantage over the truly innocent defendant: he knows what actually happened. If he is clever, he can carefully tailor his defense to fit the recoverable facts. The secret advantage for the side of truth and justice is that so many criminals who think they're clever are mistaken. The innocent defendant, on the other hand, usually doesn't know what really happened and is at a loss to explain away the evidence connecting him to the crime.

Michael Kurland, How to Try a Murder, 1997 

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