およそあり得ない弁護士像

　第一級藁人形創造士・無形文化罪・人間哭宝（ボソッ

>一部のヤメ検さんによる起訴前弁護活動の惨状についてはいろいろな話を聞く機会があります
これが、単なる噂話なのかきちんとした事実の裏づけがあるのか、はっきりさせてもらわなけりゃ。
後者なら、場合によっては懲戒モンっしょ。

はじめまして。
法律を学ぶ学生として、モトケンさんの実務家視点の意見でいつも勉強させていただいております。
今回のエントリからひとつ疑問が浮かびましたので、コメントさせていただきました。

モトケンさんの、
『一般予防は「真犯人を処罰する」ことによって達成されるのであり、起訴されたものを処罰することによって達成されるものでは』ないとのお考えを拝見いたしました。
確かに、冤罪があってはならないことを前提とすれば、建前上はそのように考えるべきであると思います。
しかし、例えその者が真犯人でなくとも、ある犯罪を犯したとされる者を有罪とすることによって、社会的にはその犯罪の実行を踏みとどまらせる効果はあり、一般予防は達成されるのではないでしょうか？（刑事司法への信頼を害する結果となりますが）
特別予防の観点からは、「真犯人を処罰する」ことは不可欠だとは思いますが、一般予防と「真犯人を処罰する」こととの関連性はあるのでしょうか？

私のような若輩者がモトケンさんに意見するのは愚かしいことかもしれませんが、私の考えが至らない点があればご教授願いたくコメントさせていただきました。失礼しました。

自己レス

刑事司法の運用によって得られる犯罪抑止効果（特別予防・一般予防とも）は、司法の信頼を害さないという絶対の前提条件の下でのみ是認されるべき

この「絶対の前提条件」が危機に瀕している典型例が、痴漢冤罪の問題ですね。

これを弁護士がこんなふうに↓アジテートすると、一種のアノミー状態が発生（増幅？）することになります。

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注：　この「エッセイ」はツッコミどころだらけですが、とりあえず１点のみ。この弁護士が手放しで推奨する「走って逃げる」を選択した結果、取り押さえられてしまった場合の結果は悲惨です。そこだけは最低限ご注意ください。

>>No.9
あははははは。印象操作もなにも「ただの感想」じゃん（笑）。
アナタ、自分がこれまでコメントして来た内容が人からどういう風に見えるかぜーんぜん自覚がなかったんだ。

てゆーかアナタが一所懸命アジってる「検察＝悪」「警察＝悪」「国家権力＝敵」みたいなのも悪質な印象操作以外の何者でもないよね。

被疑者・被告人の現実的利益を最優先に行動するものであり、私の行動原理も当然そこに立脚

平たく言うと「あなたのコメントは、刑事被告人の弁護活動に対する、社会一般に暮らす人の理解を著しく歪める」んですよ。

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