Real-Life Decision Making -- Solution
You delete the information from your case.
You figure the judge or jury will view the information as an attack on the victim, who has already suffered enough. You decide not to bring the issue up at all.
But as a defense attorney, you have a responsibility to provide your client with the best possible defense, which lawyers usually take to mean including any piece of exculpatory evidence.
If you fail to, your client could be wrongly convicted. Although he would have the right to appeal the decision to a higher court, the opportunity to set him free will be lost.
Linda Miller is a private practitioner. Her job, she says, is to ensure that all citizens are afforded the same rights; sometimes this means having to decide whether or not a client has been appropriately charged. "I think a lot of people are charged with something that is not necessarily what they should have been charged with. A lot of times, people may have done something that was a mistake or could be wrong, but might not be criminal and instead it's been made into a criminal case," explains Miller.