Mostly the Advocate defending a murderer only raises a doubt as to the guilt of a person by challenging the witnesses of the prosecution, the medical evidence and the circumstances. The conclusion of a police investigation is the ‘charge sheet.’ The prosecution builds their case on this.
If the first season of Making a Murderer was more Law and Order, with its probing of the workings of the police, lawyers and the courts as they juggle Avery’s fate, the second is closer to CSI. Zellner spent 18 months re-enacting how the prosecution said the crime played out, testing the claims against forensic comparisons.
The legal profession imposes the same duty upon an attorney. This is not to say lawyers don't sometimes have guilt about doing their duty, but if this was going to be a problem for them they should have chosen another profession. , Former lawyer, out of practice. My answers are worth what you're paying for them
A client can tell his lawyer that he’s done awful things and the lawyer may think that the client is complete scum, but the lawyer may not disclose those communications without the client’s permission. However, the privilege does not cover current or future actions that are criminal/fraudulent in nature.
Watching Making a Murderer is an exhausting experience. You feel bewildered on a regular basis, and at times, Strang and Buting seem to be the only ones right there with you.
Episode 8 : Avery is found guilty. A lot of the other lawyers in Making a Murderer come across as caricatures – smarmy, smirking caricatures. But in defeat, Strang is at his most articulate and introspective:
While Strang functions as Making a Murderer’s graceful orator, his partner – Jerry Buting – is a man who likes to throw down the facts. He doesn’t just apply Occam’s razor; he shaves with it. Daily. He’s the one who connects the dots for the audience or, with a similar degree of precision, dismisses the evidence presented against Steven Avery.
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The 10-part documentary series that catapulted Buting into the pop culture lexicon left true crime fans craving more — and left many convinced Avery was framed by law enforcement allegedly bent on exacting revenge for a lawsuit settlement Avery obtained.
Buting’s book provides insight into what he and co-counsel Dean Strang experienced during their defense of Avery. Buting’s daughter, for instance, was taunted at school by the children of people who were convinced of Avery’s guilt. Buting also discusses his disdain for Ken Kratz, the man who handled Avery’s prosecution.
But the prosecutor, Ken Kratz, didn’t take much note of two filmmakers, Laura Ricciardi and Moira Demos, following the case. Avery and his 16-year-old nephew, Brendan Dassey, were found guilty of murdering Halbach and burning her body, and were locked away in 2007.
But first she decided to test whether she was right in thinking Avery is innocent. Zellner started out by using a controversial technique called brain fingerprinting, involving electro-encephalography (EEG) that claims to reveal whether particular information is stored in a subject’s brain.
Zellner thinks that once the police latched on to Avery , officers then began to plant other evidence against him. The lawyer and her forensic investigators meticulously put together a previously unheard theory for where the blood came from that she believes will go a long way toward eventually freeing Avery.
Burrows was awaiting execution in Illinois for murdering an 88-year-old man. Zellner got him out by persuading the state’s lead witness to admit she was the real killer.
She names a judge she suspects is reluctant to rule in Avery’s favour because of criticism following the first series.
Mug’s game: Steven Avery in custody in July 1985. Photograph: Netflix. The murder trial attracted a bit of attention because of the strange twist of Avery being cleared of one serious crime after so much time only to be quickly convicted of another.
Zellner sees the results as further evidence that blood was planted on the door and elsewhere in the car to frame Avery, including a smear near the steering wheel. But she departs from a central claim of the trial defence team that it was surreptitiously taken by someone in the police from a sample collected from Avery during an arrest years earlier, and put in the car.
Now, it's time to add even more questions to my list, as Ken Kratz , the lead prosecutor of the Steven Avery case, has written a book about the details of the Netflix show he claims filmmakers got wrong.
In his book, "Avery: The Case Against Steven Avery and What Making a Murderer Got Wrong," Kratz tells his side of the story in a point-by-point counterargument to the documentary.
Even if you tell your attorney that you are guilty as charged, he/she is still able to defend you. It is the burden of the state to prove that you are guilty of crimes beyond a reasonable doubt. If the state does not meet its burden, then you should be found not guilty, even if you in fact committed the crimes in question. Therefore, even if your lawyer knows with 100% certainty that you are guilty, that does nothing to change the fact that the state is responsible for proving your guilt, and your lawyer is still responsible for making the state work to prove its case. What if evidence was illegally seized? What if the state's theory of the case makes no sense? What if the witnesses against you are all known liars? All of this could affect the state's ability to make its case, and it is your lawyer's responsibility to point all of this out.
The case will fail if the state could not present sufficient evidence linking the person to the murder. Mostly the Advocate defending a murderer only raises a doubt as to the guilt of a person by challenging the witnesses of the prosecution, the medical evidence and the circumstances.
In criminal cases, it is the duty of the prosecution or the state to prove beyond doubt that a murder has been committed. This is called the ‘burden of proof.’ The accused has no burden to prove his innocence and therefore, in most cases an Advocate defending a murderer need not present any evidence leave alone false evidence. Only if there is a defence, lets say like alibi, would the defence need to present evidence.
An Advocate, apart from being duty bound to accept the brief of a murderer, is also duty bound to uphold the interest of his client. Any communication between a client and an Advocate is covered by privilege. A lawyer cannot disclose what his client told him and no court or police officer can ask an Advocate to disclose a communication made by his client.
Advocates are bound by rules of the Bar Council which obliges them to represent clients who approach them. This flows out of the natural justice principle, that no person shall be condemned unheard. If the accused cannot afford a lawyer, the state will provide a lawyer.
The judges and prosecutors not only expect it, but demand it, because that is the only way to insure that the case doesn’t come back for re-trial after an appeal or motion for post-conviction relief. Also, because they believe in our criminal justice system and Constitution. They know this is the only way that it can work so that everyone gets a fair trial.
The conclusion of a police investigation is the ‘charge sheet.’. The prosecution builds their case on this.