The question “Why do lawyers need to defend even the worst criminals?” is one that often sparks outrage and moral debate. In South Africa, where crimes such as murder, corruption, and gender-based violence deeply affect society, many people struggle to understand why lawyers would willingly represent those who seem obviously guilty. Yet, this question goes to the very foundation of the justice system — fairness, accountability, and the rule of law.
Lawyers defend even the worst offenders not because they approve of their actions, but because every person has the constitutional right to a fair trial. Without defence lawyers, the system would become one-sided and dangerous. The law requires every accusation to be tested in court, and lawyers are the ones who make sure the State proves guilt lawfully and beyond reasonable doubt.
The South African Legal Framework and the Right to Defence
In South Africa, the right to legal defence is protected by Section 35(3) of the Constitution, which guarantees every accused person the right to a fair trial, including the right to choose and consult with a legal practitioner. This right is fundamental to ensuring that no one is convicted based on emotion, public opinion, or incomplete evidence.
The Legal Practice Council South Africa (LPC) enforces this principle through its Code of Conduct, which requires lawyers to act with integrity and professionalism even in the most unpopular cases. Whether defending a petty thief or a convicted murderer, the lawyer’s role is to make sure justice is applied fairly, not selectively.
If lawyers only represented people they believed were innocent, the justice system would collapse under bias and prejudice.
7 Reasons Why Lawyers Defend Even the Worst Criminals
Below are seven reasons that explain why lawyers must defend even those accused of the most serious or disturbing crimes.
| Reason | Explanation |
|---|---|
| 1. To Protect the Right to a Fair Trial | The Constitution requires that every accused person has the opportunity to be heard and defended. Without this, trials would be reduced to punishment without process. |
| 2. To Prevent Abuse of State Power | Defence lawyers act as a safeguard against police misconduct, unlawful arrests, or coerced confessions. Their presence ensures that the State follows proper legal procedure. |
| 3. To Test the Evidence | Even when guilt seems obvious, evidence can be flawed or unlawfully obtained. Defence lawyers challenge the validity and reliability of that evidence to ensure justice is sound. |
| 4. To Maintain Balance in the Legal System | The criminal justice system works on the principle of equality — prosecution versus defence. Lawyers for the accused keep that balance intact. |
| 5. To Uphold the Rule of Law | The rule of law means the law must apply equally to everyone, including those society despises. Lawyers defending criminals prove that justice is consistent, not emotional. |
| 6. To Ensure Proper Sentencing | A defence lawyer’s role doesn’t end at guilt. They also ensure that sentencing is fair, proportionate, and considers mitigating factors like mental health or background. |
| 7. To Protect Innocent People | Many innocent people have been wrongly accused. If lawyers refused “bad” cases, countless innocent South Africans could end up in prison simply because no one defended them. |
Practical Reality in South African Courts
South African courts are built on the principle that the prosecution must prove guilt beyond reasonable doubt. Defence lawyers ensure that this standard is met. For example, if police officers collect evidence illegally, a defence lawyer can challenge its admissibility, not to protect the crime, but to protect the fairness of the system.
This principle has protected many ordinary South Africans from wrongful convictions. Even those accused of heinous crimes, such as violent assault or fraud, deserve to face evidence tested through cross-examination and legal scrutiny. The Legal Practice Council South Africa ensures that this duty is upheld professionally, regardless of public pressure.
In family and civil cases, such as divorce disputes or inheritance matters, lawyers apply the same commitment to fairness. You can read more on how to apply for a divorce in South Africa to see how legal representation safeguards both sides from unfair outcomes.
How Other Countries Handle the Same Principle
The duty to defend unpopular clients exists across democratic societies. South Africa follows the global standard where legal defence is seen as a pillar of justice, not a moral endorsement.
| Country | Legal Basis for Defence | Key Principle |
|---|---|---|
| South Africa | Section 35 of the Constitution | Right to fair trial and legal representation |
| United Kingdom | Human Rights Act (Article 6) | Everyone is entitled to legal assistance and a fair hearing |
| United States | Sixth Amendment to the Constitution | Accused persons have the right to an attorney, even if they can’t afford one |
| Australia | Legal Aid and Public Defenders Act | Legal representation ensures equality before the law |
Across these systems, the message is consistent: justice without defence is no justice at all.
Common Misunderstanding: Defending Is Not Approving
A crucial distinction often missed by the public is that defending a client is not approving their actions. Lawyers are professionals bound by ethical and constitutional duties, not by emotional judgement.
For example, a lawyer may personally find a client’s actions horrific but still defend them to ensure the State follows due process. This protects everyone’s constitutional rights, including those of future victims, by keeping justice honest and accountable.
If lawyers started refusing clients based on guilt, the same system that protects the innocent would disappear. That’s why even those accused of murder or corruption deserve representation.
Case Reflection: When Defence Serves Justice
In one Johannesburg case, a lawyer represented a man accused of armed robbery. While the client was eventually convicted, the defence revealed that police had beaten him during interrogation and fabricated parts of his statement. The judge condemned the police conduct and referred the matter for investigation.
The lawyer didn’t defend the crime, they defended the law itself. This case demonstrates why South Africa’s justice system needs strong, ethical defence even when guilt appears clear.
Why This Principle Protects Everyone
The ability for lawyers to defend even the worst criminals ensures that the law applies equally to all South Africans. It prevents the justice system from being driven by revenge or public anger. It also protects innocent people caught in weak or biased investigations.
This principle ties closely to how South African lawyers handle other sensitive matters, such as parental rights and responsibilities or tracking deceased estates, where fairness must outweigh emotion.
Reflective Closing
So, why do lawyers need to defend even the worst criminals? Because justice without defence is tyranny. Lawyers protect the system that protects us all — ensuring that no one is judged without proof and that the Constitution remains stronger than public outrage.
In South Africa, this duty keeps the justice system credible. A lawyer who defends a criminal is not defending evil, they’re defending the rule of law, the same principle that keeps every citizen free from arbitrary power.
That is why the right to defence is sacred: it reminds us that even in the face of the worst crimes, fairness must always prevail.