You say that lying to you can only hurt them but “There is a kernel of an exception that is almost not worth mentioning” because it is rarely relevant. I find this pretty hard to believe. If your client tells you “yeah I totally robbed that store, but I was wearing a ski mask and gloves so I think a jury will have reasonable doubt assuming my friends say I was playing video games with them the whole time”, would you be on board with that plan? There must be plenty of cases where the cops basically know who did it but have trouble proving it. Maybe those just don’t get to the point of a public defender getting assigned?
If a client tells me they know for sure that their alibi witness will be lying in their favor, then I’m not allowed to elicit the false testimony from that witness. If they admit to me to robbing the store but (truthfully and without omissions) say they were wearing a mask and functional gloves, then that lets me know what facets to focus on and what to avoid. If they’re sure enough they left no fingerprints, then I can comfortably ask the investigating detectives if any fingerprints were found. If the circumstances allow it, then I may even get my own expert to dust the entire scene for fingerprints with the aim of presenting their absence as exculpatory evidence to the jury. Keep in mind that my job is not to help the government prosecute my client.
And yes, there are plenty of cases where the perpetrator might be obvious from a common-sense perspective, but it would be legally difficult to prove in court.
So, then it seems like the client’s best move in this scenario is to lie to you strategically, or at least omit information strategically. They could say “I know for sure you won’t find any fingerprints or identifiable face in the camera footage” and “I think my friends will confirm that I was playing video games with them”, and as long as they don’t actually tell you that’s a lie, you can put those friends on the stand, right?
Correct, there are indeed potential advantages to lying to your attorney under very specific and narrow circumstances. You also have to consider the risky gamble this presents because you can’t predict every aspect of the machinery. Maybe the jury never would’ve paid attention to the alibi aspect of the case, but if the alibi witnesses get exposed as liars by the prosecution, that alone could swing jurors from acquittal and towards conviction.
You say that lying to you can only hurt them but “There is a kernel of an exception that is almost not worth mentioning” because it is rarely relevant. I find this pretty hard to believe. If your client tells you “yeah I totally robbed that store, but I was wearing a ski mask and gloves so I think a jury will have reasonable doubt assuming my friends say I was playing video games with them the whole time”, would you be on board with that plan? There must be plenty of cases where the cops basically know who did it but have trouble proving it. Maybe those just don’t get to the point of a public defender getting assigned?
If a client tells me they know for sure that their alibi witness will be lying in their favor, then I’m not allowed to elicit the false testimony from that witness. If they admit to me to robbing the store but (truthfully and without omissions) say they were wearing a mask and functional gloves, then that lets me know what facets to focus on and what to avoid. If they’re sure enough they left no fingerprints, then I can comfortably ask the investigating detectives if any fingerprints were found. If the circumstances allow it, then I may even get my own expert to dust the entire scene for fingerprints with the aim of presenting their absence as exculpatory evidence to the jury. Keep in mind that my job is not to help the government prosecute my client.
And yes, there are plenty of cases where the perpetrator might be obvious from a common-sense perspective, but it would be legally difficult to prove in court.
So, then it seems like the client’s best move in this scenario is to lie to you strategically, or at least omit information strategically. They could say “I know for sure you won’t find any fingerprints or identifiable face in the camera footage” and “I think my friends will confirm that I was playing video games with them”, and as long as they don’t actually tell you that’s a lie, you can put those friends on the stand, right?
Correct, there are indeed potential advantages to lying to your attorney under very specific and narrow circumstances. You also have to consider the risky gamble this presents because you can’t predict every aspect of the machinery. Maybe the jury never would’ve paid attention to the alibi aspect of the case, but if the alibi witnesses get exposed as liars by the prosecution, that alone could swing jurors from acquittal and towards conviction.