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.
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.
Determining Guilt in Different Settings
The podcast explores how guilt is determined in various settings, ranging from personal situations like dealing with a mischievous pet or an incident at school, to criminal court proceedings. It discusses the evolution of methods for determining legal guilt over time, transitioning from trial by ordeal to evidentiary-based criminal law.
The Importance of Defense Attorneys and Moral Nihilism
The podcast emphasizes the importance of defense attorneys in protecting due process and explains how they navigate the moral dilemma of representing guilty clients. It delves into the concept of moral nihilism and how defense attorneys detach from moral judgment to uphold the legal system.