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by eropple
923 days ago
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Zealous representation is a critical part of the justice system for criminal law as pertains to individuals. Actual people. People who aren't fictional. I've yet to see a good, ethically sound argument that corporations inherently deserve the same. They're not people. They aren't subjected to the same kinds of penalties as people even when they kill people. The stakes are different and so are the affordances a reasonable person can demand. So it seems eminently reasonable to consider the ethics of a lawyer representing a client just as one would consider the ethics of any vendor doing business with a shithead. |
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Divorced from emotion, representation even for the most despicable of organizations powers the feedback loop of the judicial system, allowing it to set precedents, identify holes in law, etc.
I think the dynamics of defence and prosecution don't end at "One defends, one prosecutes". Defence forces Prosecution to devise a bulletproof case, they promote rigorous case preparation and ensure legal integrity. It's the same reason why we have opposition parties in politics. Without defence, how comprehensive would the prosecutions case be? Further illegal activity commited by the defendent gets uncovered all the time by prosecution, during the trial, due to the pressures applied on the prosecution by the defence.
Yes, the chemical companies actively poisoning the people should be burned to the ground, but, for the judicial system to function, they should receive zealous representation, and those representing them, should not be viewed as less-than.
That's my current take on it. Happy to be called naive and discuss this further.