A criminal defense lawyer plays a crucial role in the justice system, ensuring that every individual accused of a crime is granted a fair trial and adequate legal representation, as guaranteed under the Constitution of India (Article 22) and criminal jurisprudence principles. The duties of a criminal defense lawyer are both professional and ethical, involving a balance between defending the accused and upholding the integrity of the legal system.
One of the primary duties of a criminal defense lawyer is to protect the rights of the accused throughout the legal process—from the time of arrest to the final judgment. This includes advising the client on their legal rights, ensuring due process is followed, and challenging any unlawful detention or evidence obtained through improper means. The defense lawyer must ensure the prosecution meets the burden of proof and that the trial is conducted fairly, without prejudice.
A defense lawyer must also conduct thorough investigations into the facts of the case. This includes examining evidence, cross-examining witnesses, consulting with experts, and identifying inconsistencies in the prosecution’s narrative. This investigative work is essential to building a strong defense strategy, whether it involves negotiating a plea bargain or preparing for trial.
In addition, the lawyer must provide confidential, unbiased, and competent legal advice, irrespective of the crime or the public sentiment surrounding the case. Even if the client is guilty, the defense lawyer is ethically bound to ensure that they receive the best possible defense within the bounds of the law, protecting their rights at every step.