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Michael 5260 for Mjr
Re: Hauptmann's story
Tue Dec 18, 2018 12:33
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Whether the defendant is guilty or innocent of the crime the attorney will approach the problem in a similar manner.

They will attempt to impeach all the testimony from lay or expert witnesses that is detrimental to the defendant's case. They will attack all incriminating evidence. Essentially, they will do, say, any and all things that will enable them to win the case. Our legal system is not called an adversarial system for nothing.

Really, what the defense attorney has to do is create a "reasonable doubt." Since most jurors do not understand what "reasonable doubt" is, even when it's explained to them in detail, any kind of "doubt" is sufficient in some cases.

It's true that any defense other than "I did not do it" would require Hauptmann to admit to the crime in order for the defense to move in a different direction. Hauptmann was not going to do this. Someone could have got down on their knees and begged him to confess, cop a plea, and live to fight another day. He was not going to do it.

Hauptmann wasn't concerned about perjury. When a person is facing kidnap/murder charges perjury isn't even a blip on their moral radar.

I think most defense attorneys have a pretty good idea of whether or not their client is innocent or guilty. After listening to their defendant's story, reviewing all the police reports and the evidence that will be used against the defendant, and comparing everything, they will formulate an impression of guilt or innocence. It would scare me if an attorney could not do this on their own.

  • Re: Hauptmann's storyMjr, Sun Dec 16 13:11
    Good analysis Michael. Tell me, if in fact Hauptmann was innocent of the crime, just how was his attorney to represent him - incriminating evidence and all? Any defense other that "I did not do it."... more
    • Re: Hauptmann's story — Michael 5260 for Mjr, Tue Dec 18 12:33
      • Hauptmann The Obstinatejdb, Fri Jan 25 01:59
        There's been so much speculation regarding Hauptmann's mental state, his legal predicament, and the nature of his involvement in the LKC that I can only guess that his head must have been spinning... more
        • hauptmann the elusivebob mills for jdb and forum, Sat Jan 26 10:44
          Thanks, John. From what I know of Hauptmann's background, he was profoundly affected by the World War and its aftermath. If he had a personality disorder of some kind, it wouldn't excuse a crime but... more
          • Detective Workjdb, Sun Jan 27 02:36
            Great detective work, Bob (and thank you also). It does seem that placing the LKC firmly in an historical context is the way to go with the case. Indeed, the World War figures in it; and Hauptmann's... more
      • Re: Hauptmann's storyAnonymous, Fri Dec 21 10:34
        Michael Attorneys will do and say anything to win? Today there really are limits on what an attorney who has and sense of ethics will do. I suspect the same was true than as well. Even if he does not ... more
        • Re: Hauptmann's storyMichael 5260 for Mjr, Sun Dec 23 08:44
          It is hoped that all attorneys have a sense of ethics. Unfortunately there are some that do not. Speaking of perjury. It does take place. People will lie under oath on the witness stand, in... more
          • lying for the statebob mills for michael 5260 and forum, Mon Dec 24 07:03
            It strikes me that lying is a means to an end at high levels of government. Witness Michael Flynn's lies. He's a three-star general who evidently saw a higher purpose than answering questions from... more
        • hauptmann's dilemmabob mills for forum, Fri Dec 21 18:24
          If not "nothing to confess," maybe "confession to being part of a mob-organized gang?" If Hauptmann had been part of a gang hired by associates of Al Capone (otherwise, how could Capone have ever... more
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