MURDER CHARGES

Evening Post, Volume CXII, Issue 138, 8 December 1931, Page 7

MURDER CHARGES

QUESTION OF GUILT

LONDON, 23rd November.

" 'How can you defend a murderer whom you know'to be guilty?' " is .a question frequently asked the criminal advocate," says Mr. Justice M'Cleary, in an article in the "Manchester Guard-

ian."

The writer explains that it is irrelevant if the instructions by which an advocate is guided show that his client was not implicated in the killing. But even if his instructions indicate that the client was responsible for a death, it is necessary to remember that every killing is not necessarily a murder. It may be justifiable or excusable homicide, or, if culpable homicide, it might be reducible to manslaughter. Consequently various considerations may occupy counsel's mind, including Lord Bramwell's dictum:' "A client is entitled to say to counsel, 'I want your advocacy, not your judgment. I prefer to leave the judgmont to the Court. 3 "Moreover, until evidence is given, how can a defending cbunsel presume, his client to be guilty while it is the accused's right to call on the prosecution to -prove the charge?" asks the Judge.

"Counsel's first line of defence is on the general issue—guilty or not guilty. His duty is t6 erdss-examine witnesses, testing the prosecution's evidence, to call evidence favourable to his client, and to point out to the jury conclusions which are proper to be drawn from tho evidence.

"In the last iesort there is the plea of insanity, although counsel cannot ignoro that its success means his client's lifelong incarceration. Counsel s position is an unenviable one. Uis client's life is largely in his hands. A mistake may be disastrbus, but he must decide the line of defence justifiable) in the circumstances as his client knows them.

"Then, using all his skill, knowledge, ami experience, ho must employ all tho weapons the ca3C may legitimatelyl yield."