Original post by SomeoneYouKnowI do agree that the word prejudice has a negative connotation, so let us switch it for the more neutral term of intuition. At this point, there really isn't anything to discuss because it is all going to be a matter of opinion and what you value more, rather than the function of lawyers and the legal system. For example, I personally find that intuition is never something that should be acted on EVEN IF it turns out to be true later on. However, from what you said, you find it acceptable as long as the ends justifies the means. There is no wrong or right regarding whether you should act on intuition, so there is very little to discuss on that topic. However, I can just tell you my reason for preferring to never act on intuition. My reason is because there was a study at NYU on intuition in philosophy, and the results show that intuition isn't very accurate or sound. This leads me to believe that intuition may be right now and then, but at the cost of being wrong 10 times more. I prefer the paradigm to individual instances. Ultimately, that is why I PERSONALLY don't want my lawyer or any lawyer to have a 'human side'.
Regarding your second point, my main point is that a lawyer who defends someone who he knows is guilty is not immoral (intuitive sense) because he is only observing his rights. The points that you decided to pick on doesn't really matter that much to my point. You should be explaining why a lawyer who acts in accordance to the Magna Carta is immoral (intuitive sense). Once again, this is a futile discussion as well. It comes down to what you value more. Do you value the law and Magna Carta or acting on your intuition and contempt for those you deemed to be guilty? It is difficult to discern which has greater intrinsic value, and it is all a matter of opinion. Someone who values the latter would obviously say the lawyer acted immorally as he acted he placed something of less value above the one with greater value; the proponent of the former would say the contrary.
Nevertheless, I will address what you said anyways. You said that the client could just find other representation or even self-represent, so he still has the right to justice and fair trial. 1) Just because there are other options, it does not change the fact that the lawyer is observing the client's rights. If we take your argument and applied it to other moral situations, we can see its flaws. For example, a man refuses to help another man because there are other people who can help him. A restaurant owner refuses to allow people of a certain race into his establishment because there are other restaurants. A man donates money to charity, and he is no longer moral because there are other people who can donate. The presence of other options does not change moral status. 2) The client doesn't have to be completely out of options for legal representation due to the lawyers refusal for the lawyer to be considered immoral. By refusing, the lawyer inadvertently allowed his own personal issues/preferences/desires or whatever to attempt to thwart the rights of another. It is the attempt that matters. For example, I see a dying man on the street, and I refuse to help him. He may not be dead as a result of my refusal, but I will be considered immoral by my peers nonetheless. I attempt to kill a man, but he doesn't die because the ambulance arrived on time. My attempt was unsuccessful, but I am still immoral. My examples included both positive action and passivity.
You say that cases with little material evidence can lead to acquittal. 1) I know you don't like this, but it is the job of the jury and judge to decide, unfortunately. 2) I was talking about cases where the evidence was fully clear, like a video of the person transgressing, so this point doesn't really apply to what I was saying. In cases where the evidence is clear, surely the jury and judge would see it and convict the client. However, if you want to switch it to cases where there is less evidence, then, once again, how does the lawyer know his client is guilty? If by intuition, then we once again arrive at the matter of opinion. If as you suggested, the client admitted to it, then the client still entitled to legal representation, and the lawyer is only observing his rights. Here, we reach the question of value again.
EDIT: Someone above said you can't represent a client who admitted their guilt when they pleaded innocent in court, so it is virtually impossible for the lawyer to know if they are actually guilty or not.
Food for thought: Depending on whether intention is part of your moral theory, intention probably has something to do with the morality of lawyers. I have previously argued based on the assumption that lawyers are trying to preserve the rights of the client by defending them. However, that is not always the case. The lawyer may not have cared one bit about his client's rights but just wanted the money. Therefore, I believe a good start to answering the question of whether lawyers are moral is to consider WHY they choose to do what they do, rather than just looking at the general situation of lawyers defending clients. For example, if a product at the store accidentally fell into my bag, and I unknowingly walked out, then I probably wouldn't be considered immoral even though stealing is often categorised as immoral. Unfortunately, this would be very difficult as it requires an examination of every single lawyer.