when a lawyer confesses error

Prosecutorial confessions of error -- knowing when to fold them, as it is known -- establish credibility. They create trust in the system, a sense that someone is being careful and exercising sound judgment, that extends far beyond any single case.

Full Answer

What is considered an error of law?

An “error of law” generally means that the judge in your case applied the wrong rule or “legal standard” to the facts of your case. This can occur if a trial court did not follow either the statute or case law in your state that is supposed to apply in your case's circumstances.

Do lawyers have to report crimes UK?

The general rule is that a solicitor must keep the affairs of their client confidential unless disclosure is required or permitted by law or the client consents.

Can a solicitor lie for you?

Everyone knows that lawyers are not allowed to lie — to clients, courts or third parties. But once you get beyond deliberate false statements, the scope of the obligations to truth and integrity become less clear.

Can a solicitor defend someone they know is guilty?

A criminal lawyer can defend someone they know is guilty as long as they do not lie or knowingly mislead the court.

What is the purpose of confessing error?

Confession of error is a legal practice whereby the Solicitor General of the United States in his or her role representing the federal government before the Supreme Court of the United States admits a lower court incorrectly decided a case and it is thereby sent back for reconsideration. By confessing error, the Solicitor General declares that the federal government's position, which prevailed in the lower court, was wrong. The Supreme Court typically then vacates the lower court's judgment and remands the case to allow the lower court to consider it in light of the confession of error.

Who vacates the lower court's judgment?

The Supreme Court typically then vacates the lower court's judgment and remands the case to allow the lower court to consider it in light of the confession of error. The practice was introduced in 1891 by William Howard Taft (who would later be U.S. president and then chief justice).