Re: Hauptmann's story
Fri Dec 21, 2018 10:34


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 have a sense of ethics, putting a witness on the stand he knows is going to commit perjury is not only a crime it is probably the fastest way for an attorney to get his ticket pulled. Every attorney knows this.

Our system is called the adversary system because it requires the sides to argue a position rather than have everyone act merely as fact finding body. (Can you picture a debate where both sides agree? You would not get much out of it, would you?) Through a adversarial system there is motivation to present all the evidence and arguments to the jury. It is not called an adversary system so attorneys can say and do anything they like. There are rules.

If Hauptmann was innocent - please take that as a given for the moment - any plea that required him to say he committed the crime would require him to commit perjury, would it not? Maybe the reason Hauptmann would not confess was because he had nothing to confess.


  • Re: Hauptmann's storyMichael 5260 for Mjr, Tue Dec 18 12:33
    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... more
    • 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 story — Anonymous, Fri Dec 21 10:34
      • 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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