The Philosophy of Crime
501: How Can Lawyers Defend Guilty People?
Apr 20, 2022
Explore the defense strategies of lawyers like Judy Clarke in the trial of Susan Smith and the ethical dilemma of defending guilty clients. Learn about trial by ordeal and the case of Juan Catalan, highlighting the difference between legal guilt and actual guilt. Reflect on the moral implications of choosing to save a guilty person to protect the rule of law.
20:38
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Quick takeaways
- Defense attorney Judy Clark humanized Susan Smith, highlighting her trauma and depression to avoid the death penalty.
- The podcast explores the evolution of methods for determining legal guilt, from trial by ordeal to evidentiary-based criminal law and emphasizes how defense attorneys navigate the moral dilemma of representing guilty clients.
Deep dives
The Susan Smith Case
Susan Smith, a young single mother, initially claimed that a black man kidnapped her two children, but later confessed to drowning them herself. Defense attorney Judy Clark humanized Smith, highlighting her history of trauma and depression to avoid the death penalty.
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