Sunday, July 20, 2014

Why don't lawyers use the constitution when they are defending a client?

Question

Why don't lawyers use the constitution when they are defending a client?



Answer

They do. It happens all the time. But most cases don't raise constitutional issues. Many cases are just about the facts. Others raise legal issues based on statutes or case law, but not on the constitution. When there's a constitutional argument worth making, most lawyers will happily make it.



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