When someone is tried for murder, does an attorney have to question his/her client about what happened?
I’m a little confused on the job an attorney possesses. But, let’s say, if someone is being accused of murder, who is the first to question his/her (or like sit them down in a room) to talk about their incident? An attorney? A detective? A forensic psychiatrist? A lawyer?
Sorry if I sound deprived; I would just like a clear and thought-out answer. Thanks!!
Posted in forensic psychiatrist
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July 16th, 2010 at 11:57 pm
If someone is being "tried" for murder the person is referred to as the "accused." That means that the cops have talked to him and have finished with their investigation.
If a person is arrested and brought to a police station for questioning, he is called a "suspect." That means the police are still investigating and the case hasn’t gone to trial yet.
The first authoritive person to confront someone about committing a murder, i.e. "sit them down in a room," will probably be the investigating police officer who is usually a detective. Depending on the details of the murder a psychiatrist MIGHT be called in, but that rarely happens. The police have to inform the suspect that he has the right to 1. keep his mouth shut, and 2. ask for legal representation when they arrest him. If the suspect asks for counsel a lawyer will be called in (either one appointed by the state or someone hired by the suspect) and the police will ask their questions with the lawyer present.
If a person is "accused"… as in "about to be tried" then the "first" person to talk to him before entering the court room will be his attorney/lawyer/counsellor/sollicitor. This will be after the police have conducted their interviews etc.
A lawyer needs to know what his client’s story is in order to give him proper legal advice and also to present his case in court. It’s not the lawyer’s job to get the client to confess or even to get him to tell the truth, but it’s against the law for an attorney to outright advise a client to lie. A good attorney will at least try to get the client to plead guilty if he/she stongly suspects that the client did what he’s being accused of, but the plea remains the client’s choice. In the end, all the lawyer has to do is present the client’s version of the facts and how the law ought to be applied in those circumstances. If the police did a good job of gathering evidence and the prosecutor presents their findings "beyond a reasonable doubt," then the accused should be found guilty. Otherwise he will go free.
July 16th, 2010 at 11:57 pm
It’s usually a detective, then the person’s attorney. The attorney doesn’t have to (and many won’t) directly ask his client anything.
The word lawyer and attorney essentially mean the same thing.
July 16th, 2010 at 11:57 pm
You have the right to talk with an attorney before the police question you. They have to read you your MIRANDA rights when they arrest you.
If you don’t wave your rights to an attorney, the police or a detective cannot question you without your attorney being present.
The court might later order that you be examined by a psychiatrist. The psychiatrist might determine if you are sane enough to stand trial for the murder.