Dinner with a Criminal Defence Lawyer | Kathleen Heath | TEDxFulbrightPerth

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  • Опубликовано: 6 сен 2018
  • How do you defend a client who you know is guilty? What’s it like to sit opposite a murderer? In answering these questions and more, criminal defence lawyer Kathleen Heath challenges some of the misconceptions that we hold about our criminal justice system, and challenges us to respond with greater compassion to those who have, or are alleged to have, committed crimes. Kathleen is a criminal defence lawyer at the Aboriginal Legal Service of Western Australia (ALSWA), and aspires to help her clients’ stories be told in the courtroom and beyond. She often appears in the Children’s Court, representing children accused of a crime, many of whom have been removed from their families and are in the care of the State. Kathleen received her Bachelor of Laws from the University of Sydney, where she graduated with the University Medal in Law. With the help of a Fulbright Scholarship, she completed her Master of Laws at Harvard University, focusing on criminal justice policy. This talk was given at a TEDx event using the TED conference format but independently organized by a local community. Learn more at www.ted.com/tedx

Комментарии • 143

  • @soneil
    @soneil 3 года назад +86

    This is such an excellent talk.
    Really admire her empathy and compassion.

  • @edwinv4155
    @edwinv4155 3 года назад +62

    Law student here, this is a brilliant talk. Very well spoken with really good points. Thanks so much!!

  • @ikradahir721
    @ikradahir721 4 года назад +116

    Sometimes it’s not as simple as it looks. When we demonize people as monsters is when the truth stops being important. Very interesting perspective of looking at criminal defense.

    • @saginovi30
      @saginovi30 4 года назад +7

      It seems like she is making excuses for people to commit crimes. Just because you had something bad happen to you doesn't give you a pass to commit crimes.

    • @ikradahir721
      @ikradahir721 4 года назад +15

      saginovi30 It certainly doesn’t give you a free pass but everyone deserves a fair trial.

    • @jeffmarionpersonalinjuryla2966
      @jeffmarionpersonalinjuryla2966 3 года назад +3

      We have spent the last 50 years prioritizing "law and order" when, in some cases (like drug addiction), locking someone up and throwing away the key doesn't solve the problem. A good example is therapeutic court.

  • @daniellage7357
    @daniellage7357 5 лет назад +119

    I rarely comment on RUclips videos. Thank you for an outstanding and comprehensive summation of what defense lawyers do on a daily basis.

  • @James-el6lj
    @James-el6lj 4 года назад +41

    Brilliant talk. One of the best I have ever seen on the criminal justice system! We need more lawyers like Kathleen.

  • @azzureone78
    @azzureone78 3 года назад +44

    This reminds me of why I studied law in the first place.

  • @feathermetat3160
    @feathermetat3160 4 года назад +223

    I'm here looking at lawyer videos on RUclips. and I want to be lawyer. this is a good video

    • @tendaikozah1501
      @tendaikozah1501 2 года назад +2

      Wows same here

    • @Stynkyvision
      @Stynkyvision 2 года назад +8

      It hits close to home. It's a hard job. Good luck on the LSAT and when the way there gets hard, and it will, remember the job has almost nothing to do with the tests or the classes. It's about helping human beings in hard positions with no one else to turn to. Eyes on the prize.

    • @feathermetat3160
      @feathermetat3160 2 года назад +2

      @@Stynkyvision thank u. I cant wait to advocate for the marginalized.

    • @AdrianKarb
      @AdrianKarb 2 года назад

      When are you going to uni?

    • @feathermetat3160
      @feathermetat3160 2 года назад +3

      @@AdrianKarb right now, I am in Uni for bachelors degree. In 🇨🇦, I need a bachelor's to apply for law school 😁

  • @Decenthuman_01
    @Decenthuman_01 3 месяца назад +2

    This is exactly why i wanna work as a criminal lawyer. She explained this really well. Thank you so much!

  • @widy3934
    @widy3934 4 года назад +60

    Ok. Law stud where ya'll?! Raise ur hand!🤚

  • @vidarezaie94
    @vidarezaie94 3 года назад +9

    I cried when i watched it. I am a law student and i always was scared of answering such questions and you said it very beautifully , tnx for this speech

  • @mischellehattrick2353
    @mischellehattrick2353 2 года назад +3

    Such an inspiring talk, so accurate delivered with empathy and compassion, thank you Kathleen ❣️

  • @vyrus507
    @vyrus507 4 года назад +8

    Actually love this so much, glad I decided to watch.

  • @kenjjjjjjmmmm
    @kenjjjjjjmmmm 3 года назад +3

    Excellent compassion, empathy and humanity in this woman. God bless her.

  • @Sutty-un8gn
    @Sutty-un8gn 3 года назад +11

    This is a fantastic speech. And it really shows you the human side of criminal defence. However, one answer I always give when asked the same question, is a more technical answer. If a client admits to me that they committed the crime they are accused of, but they intend to plead not guilty, then I can no longer represent them. Not because of a moral compass, but because by doing so, I would be commiting purgery and would be contempt. I'd simply advise my client not to tell his next lawyer that he is guilty, unless he plans to plead the same.

  • @tiaa0926
    @tiaa0926 Год назад +2

    This is really touching. It makes me feel more engaged in my paralegal study. Thank u!

  • @hannahdupuis3123
    @hannahdupuis3123 2 года назад +1

    Such an amazing speech, I support your perspective wholeheartedly. Thank you for the inspiration.

  • @baleighepperly8307
    @baleighepperly8307 4 года назад +23

    Beautifully said! Really made me think about things more, and made a wonderful addition to my criminology paper on “why innocent people plead guilty” very sociologically and morally provoking question, thank you for your brave honesty. 🙏🏼

  • @godlyjuselabigco9732
    @godlyjuselabigco9732 5 лет назад +98

    You inspire me to be a good criminal defense lawyer :D

    • @alienlife7754
      @alienlife7754 3 года назад +1

      No such thing.

    • @taramiller2933
      @taramiller2933 3 года назад +3

      @@alienlife7754 who hurt you?

    • @CookieMunstaaa
      @CookieMunstaaa 3 года назад +5

      @@alienlife7754 its ironic of you to have so little faith after the whole subject of the talk you have listened to here today.
      Everyone can be good at what they do, it's if others acknowledge and support the cause that helps the impact take grip.

    • @justinesantiago3820
      @justinesantiago3820 2 года назад +2

      @@CookieMunstaaa Thank you for your kind comment! I had no idea my comment had so many likes. I wish you kindness too ^_^ I'm concerned too. Thanks for your replies even though it was not directed at me :D

    • @justinesantiago3820
      @justinesantiago3820 2 года назад

      I'm concerned too. Thanks for your replies even though it was not directed at me :D

  • @taylorherren1397
    @taylorherren1397 2 года назад +9

    im 14 and I've wanted to be a lawyer, and people like this confirm why I'm going to be one

  • @marcoglara2012
    @marcoglara2012 3 года назад +39

    Thank goodness women like this exist.
    We all deserve the presumption of innocence. Law enforcement and malicious prosecuting attorneys don’t care about circumstance, our innocence or justice. They are looking to get someone convicted. That’s all.
    Thank goodness for women like her.

  • @selena_movement
    @selena_movement 2 года назад

    This is really eye-opening. Wonderful

  • @setiandromeda6091
    @setiandromeda6091 2 года назад +1

    Fantastic presentation.coherent brilliant ad well rounded

  • @zenodotusofathens2122
    @zenodotusofathens2122 3 года назад +15

    I'm a long time Assistant Public Defender, recently retired. I identified with everything Ms. Heath said.
    She encapsulated quite well the view of defense attorneys.
    It is presumed that most criminal defense attorneys are left-wingers (particularly public defender's). I am a Conservative. There is no political stance associated with being a criminal defense attorney.
    We are all touched and affected by the human tragedies and triumphs we deal with daily.

  • @jaehyukbae7813
    @jaehyukbae7813 3 года назад +9

    i'm currently reading just mercy, and on my six semester of law school. still unsure abt my future after i graduate, but this vid definitely bring me hope

  • @Peace2humankind
    @Peace2humankind 2 года назад

    Top notch. Thank you, Kathleen Heath.

  • @ryandiaz3970
    @ryandiaz3970 5 лет назад +13

    very inspiring 💘

  • @rainfortaleza-cabreros2652
    @rainfortaleza-cabreros2652 2 года назад +2

    That was a “sumptous dinner”! You are awesome! Thank you for sharing this to us! 👏👏👏

  • @pninabenjamin-kaufmann6171
    @pninabenjamin-kaufmann6171 3 года назад +4

    When I studied Law at UWA the only possibility anybody discussed was working in commercial law firms. I wanted to work in social justice. After a summer clerkship at Legal aid (where I did work on a murder case) I applied to be an articled clerk there. Unfortunately I was told by HR thare that I was too posh, that since I went to a private school I couldn't possibly relate to Legal Aid clients. I'm glad to see that you, as a well spoken young law graduate were given the opportunity to practise the kind of law that makes a difference.

    • @azzureone78
      @azzureone78 3 года назад +1

      Even today it's rare to hear anyone talk about doing anything else at UWA.

  • @user-bt4mn3re2c
    @user-bt4mn3re2c 5 месяцев назад

    This is such an excellent talk.

  • @beamingbutool
    @beamingbutool 6 месяцев назад +1

    I am also a proud Criminal Defence Lawyer!

  • @cherellerhodes8583
    @cherellerhodes8583 2 года назад

    This was great!

  • @salomelemaki9756
    @salomelemaki9756 2 года назад

    A good reminder ..thank you Madam 🙌

  • @marcoglara2012
    @marcoglara2012 3 года назад +10

    This is good woman. And she gave the legitimate answer up front.

  • @mikebasil4832
    @mikebasil4832 3 года назад +3

    Thank you so much, Kathleen, for all this vital food for thought. 👏🏻

  • @SarahFlor08
    @SarahFlor08 2 года назад +5

    I’m 13 and want be a lawyer. Its so interesting and I think I would love it

  • @bluzimusic5556
    @bluzimusic5556 2 года назад +1

    God bless you girl. You give the so much faith to humanity

  • @RoyalBaboon247
    @RoyalBaboon247 7 месяцев назад +1

    Ex criminal here, being a good criminal lawyer is about understanding, seeing through others' lives, and doing your utmost best. You actually save people's life's whom need someone who can believe in you.
    You would be hero's if you didn't charge so much 😅😅

  • @notinterestedpleasestop6002
    @notinterestedpleasestop6002 2 года назад +1

    She said an entire word! May she be covered to spread this type of overstanding to the world!

  • @mjrealtor365
    @mjrealtor365 4 года назад +3

    Great work

  • @jamescarter3738
    @jamescarter3738 3 года назад +7

    I looked up “interview with a criminal defence lawyer” to try answer the questions she’s posing and answering and damn... this is extremely powerful.
    “But it did make me start to wonder...when did my client lose *his* faith in humanity? When did he lose his innocence, or sense of safety or security in his own home?”

  • @tswanaqueen2552
    @tswanaqueen2552 3 года назад +12

    I would want to sit next to her at a dinner table . Lovely speech

  • @rosemaryheal3308
    @rosemaryheal3308 5 лет назад +15

    You would be a great dinner guest. What an inspiring sense of social justice.

  • @alexanderredhorse1297
    @alexanderredhorse1297 7 месяцев назад +2

    I would rather a 1000 criminals go free than to see one innocent person go to prison

  • @pranavpillai7778
    @pranavpillai7778 8 месяцев назад +2

    Criminal defense lawyers are not bad people. All people, regardless of how immoral, have right to counsel.

  • @daniellewyatt7966
    @daniellewyatt7966 2 года назад

    Any books u recommend me reading to learn law

  • @pragadeeshiyer1749
    @pragadeeshiyer1749 2 года назад +1

    I'm a criminal defense lawyer too. In India. I enjoy doing my job

  • @movieaddict96
    @movieaddict96 Год назад

    As a victim after being cross examined and seeing what these people do my
    Heart will never understand :(

  • @mustafakellecibodrumyatrme9363
    @mustafakellecibodrumyatrme9363 3 года назад +1

    She is telling what she is feeling.

  • @jeffmarionpersonalinjuryla2966
    @jeffmarionpersonalinjuryla2966 3 года назад +2

    I had a mentor say to me early in my career (and it is true in the civil justice system): "Bad people get defenses."

  • @valentinaabramson8333
    @valentinaabramson8333 3 года назад +2

    Yes. Victims and offenders can be the same person. But that's mostly moral crimes.

  • @paritoshpandey7998
    @paritoshpandey7998 2 года назад +1

    How would people at this place deal with their conscience?

  • @narusharupan1261
    @narusharupan1261 3 года назад +4

    In my personal statement, I actually belittled criminals and only sympathised with the innocent people, but after watching this talk I realised criminals are also victims of other crimes. They're consciously aware of their guilt but also have been victims of things like abuse that made them mentally ill. Everyone deserves their rights whether it is a criminal or an innocent person.

    • @Legolas2
      @Legolas2 2 года назад +1

      Not an excuse to commit crimes

    • @NicoleKe
      @NicoleKe 2 года назад

      @@Legolas2 I didn’t read that anywhere.

    • @Legolas2
      @Legolas2 2 года назад

      @@NicoleKe Watch the video then

  • @bernardocalderon8723
    @bernardocalderon8723 4 года назад +9

    How do you defend a client whom you know is guilty? The defense depends (no pun intended) on the evidence against the client.

  • @miguelchippsinteligente6072
    @miguelchippsinteligente6072 2 года назад

    Criminals, motives convenience or malevolent 🗽🛶💨🌪😐🎭

  • @daniellewyatt7966
    @daniellewyatt7966 2 года назад

    Any youtube channel that can teach criminal defense?

  • @setiandromeda6091
    @setiandromeda6091 Месяц назад

    The concept of presumption of innocence is very poorly appreciated by the citizens

  • @LilliLotus
    @LilliLotus 3 года назад +8

    I really do admire Criminal Defence Lawyers and it is career I would consider, but I really cannot reconcile her point about the victimhood of some criminals. I suppose she reckons that her clients, like the 19yr old burglar is a victim of his upbringing and his circumstance but she cannot convince me that that line of thought applies to some vile monsters on this planet. Sure, their upbringing might have contributed to how they were lead to committing their crimes but they should bear the responsibilities of their crimes with the same flavour they had whilst committing them.

    • @calvinprosser8240
      @calvinprosser8240 3 года назад +2

      Only the mentally ill are born "monsters". The rest are created........

  • @masonlee5866
    @masonlee5866 3 года назад

    Why is defense spelled with c?

    • @Joth25
      @Joth25 3 года назад +3

      It's a UK English. The kind used in Australia.

    • @LilGRaven
      @LilGRaven 2 года назад +1

      because there are other countries on Earth than just America

    • @masonlee5866
      @masonlee5866 2 года назад +1

      @@LilGRaven the other guy already explained it much better a year ago but thanks

  • @BackTheBlueTillItHappensToYou
    @BackTheBlueTillItHappensToYou 2 года назад

    Every single human being above the age of 18 has committed a crime and is thus a criminal.

  • @russellhill7694
    @russellhill7694 4 года назад +8

    I see it that she didnt really address her own points. She got lost.

    • @saginovi30
      @saginovi30 4 года назад +7

      Agreed. She didn't answer the questions, she just asked another question.

  • @freshstart4423
    @freshstart4423 2 года назад

    You should never be willing to lie for your client, excuse yourself from the case.

  • @wahidattaba8682
    @wahidattaba8682 2 года назад

    Law criminals its not a good because they are not allowed 😞

  • @therichestyoutubechannel6754
    @therichestyoutubechannel6754 3 года назад +1

    Kind of funny but very good speech. I could self represent with the set of skills I have and knowledge called common sense 🤣

  • @gavinlin731
    @gavinlin731 3 года назад +1

    can she just move her mic closer, is so small volum

  • @arrowhead8856
    @arrowhead8856 3 года назад +2

    Whats up! My name is Zack, and im a 14 year old trans dude. I've always wanted to become an artist, but I'm starting to think I might want to become a lawyer and do art on the side. I'm starting to realize art school isn't really my thing, and I don't want to skip out on college entirely. I'm not really sure where to start learning about law though. Any recommendations are welcome ;w;

    • @annaolsen7755
      @annaolsen7755 2 года назад

      read the book Just Mercy to start!

  • @helenewebster9462
    @helenewebster9462 2 года назад

    Who is regulating the covert and systemic misconduct of Psychiatrist and Physicians MD to insure Iatrogenic Malfeasance Manipulated Malpractices are not at play❓Who is projecting Patients' Safety/Endangerment❓

  • @michaelchavez2206
    @michaelchavez2206 Год назад

    Better call Saul

  • @MidnightRambler
    @MidnightRambler 4 года назад

    the hard left ..

  • @LecturaReading
    @LecturaReading Год назад

    Virginia Lynchburg have denied justice for myself … I am hiring a good AI company worldwide as my private family lawyers
    We are offering 55% 55% 55% 79% and 100%
    To work anonymously for us … getting passive income for victims for damages and suffering for Over used of power

  • @freshstart4423
    @freshstart4423 2 года назад

    Always verify the motivation of the accused or they aren't the real criminal. You must verify the alibis and motives.
    Beware of politics, biased and misleading information creating sensationalism for publicity.

  • @weishengwu1217
    @weishengwu1217 3 года назад

    The coherent beginner hemodynamically question because cymbal terminally confess near a sticky height. unadvised, maniacal seed

  • @valhalladclxvi
    @valhalladclxvi 2 года назад +1

    I don't have anything negative to say about criminal lawyers, but they know that 90% of their clients are guilty of 90% of what they are being accused of.

    • @carlyonwilliams485
      @carlyonwilliams485 2 года назад +4

      She never said they were without fault. I think you may have missed the message here.

  • @jamesnikolovski7565
    @jamesnikolovski7565 2 года назад

    No, but if police abuse powers, you need a good lawyer who knows this...

  • @leshiaweekes-hart1066
    @leshiaweekes-hart1066 3 года назад

    One thing about a public defender, their going to always leave something hanging on u probation or something, because the client isn't paying. And most are pretenders not Defenders.And most of them do bribes.

  • @syriouskash537
    @syriouskash537 2 года назад +1

    Here we go with the non critical thinking "I agree with you because of how smooth you said it, rather than WHAT you said" Comment Section again.
    Its not about a Defense Lawyer making sure you have a fair trial. WE ALL WANT THAT when we are in legal trouble.
    The QUESTION.......... How Do you live with yourself helping a person YOU KNOW is guilty of murder, get off scott free!? THATS THE ISSUE!
    What we want you to do Ms Heath is make sure all the evidence and facts are correct and 100% accurate.
    What we DONT want you to Ms Heath is help this child murderer only get three years for microwaving his newborn!!!!
    We want you to PROVE mental illness. Not just SAY mental illness so you look good at the Law Firm and get a nice paycheck.
    Too many of you D.L's sit in that courtroom and bring up all kinds of silly excuses as to why the guilty, who has 27 felonies did what they did.
    They were drunk. They were temporarily insane. They had a history of drug abuse.
    MARY DOWN THE STREET HAS A HISTORY OF DRUG ABUSE TOO.......... BUT SHE ISNT SHOOTING SOME POOR WOMAN OVER ROAD RAGE!!
    So the question isnt about a "Fair Trial". The question is how do you look in the mirror when you know the guilty ........ is 110% ... Guilty.

    • @MuiguaFilm
      @MuiguaFilm Год назад

      You dont get what you deserve you get what you negotiate.

  • @dojacat8990
    @dojacat8990 2 года назад

    The married breath disappointingly produce because value additionally announce next a tightfisted spinach. earsplitting, normal town

  • @SimpleJackPC
    @SimpleJackPC 2 года назад +3

    She doesn't really answer the question though about how can you defend someone who you KNOW is guilty, she just goes on a long tangent that ends with defending someone who is apparently innocent against the cops. Idk I'm not a lawyer I guess, she just doesn't seem like a genuine person by how she acts and talks.

    • @Nikoa285
      @Nikoa285 2 года назад +3

      thats why she defends a criminal lol

    • @carlyonwilliams485
      @carlyonwilliams485 2 года назад

      She answered it I think you missed the message here with that being said let us all be grateful that you are not a lawyer.. pretty proud statement that serves no contribution whether positive or negative to the conversation. God Bless You!

    • @AngieDawn
      @AngieDawn Год назад +2

      She didn't answer because she said it's a boring question. As a defense lawyer, I agree. How can you defend someone you know is guilty? The answer is we honestly HONESTLY don't care whether they are innocent or guilty because what we really want is for want our client to get a fair trial. Even if they are guilty. How could you not?

  • @trhoades2063
    @trhoades2063 4 года назад +1

    What ever story you tell yourself lady, the only thing that made sense to me in your speech was the fact that, in our society a democracy we must protect our principles.

  • @damic9223
    @damic9223 4 года назад +7

    Lmaooo none of this answers why you defend people you know has committed a crime? How do you convince a room of people something you know is a lie?

    • @zunaid6853
      @zunaid6853 4 года назад +27

      She defends people she knows has committed a crime because she understands that the criminal has a story behind him/her, and that the crime committed took roots in another crime or immoral, unethical behaviour that resulted in the loss of the criminal's innocence. And also because she understands that the story needs to be a part of the judgement panel so that judgements are passed while keeping an empathic view of both sides and not just the victim in the case being heard and while prioritizing rehabilitation and reorientation rather than just a blunt punishment. I think that's about it.

    • @WilliamDEMOCRAT0483
      @WilliamDEMOCRAT0483 4 года назад +1

      Da Mic She actually did answer the question.

  • @promilitia3312
    @promilitia3312 3 года назад

    I can't get u...what is the point of defending a person...if u know he us guilty...I think it's all about money ?

  • @mickymao7313
    @mickymao7313 3 года назад

    nice piece of propoganda. think she overselled it at deeply human. she just forgot to pin the blame.

  • @antonnovo695
    @antonnovo695 2 года назад

    OMG, why are Ted talks so useless???

  • @mramos9376
    @mramos9376 3 года назад

    Not logical at all. All fluff. Answer the question. How can you defend a guilty person? Is guilt only a matter of what the judges think? Don't you believe that a person, objectively and not legally nor technically, can really be guilty of a crime? When someone performs a crime, absent any legal justification, he/she is guilty. A crime has been committed and he/she did it. That is simply common sense.
    Stop romanticising criminals. His/her life background doesn't justify his/her wrong actions. All criminals must pay for their violations of the law.

  • @TheRegulator81
    @TheRegulator81 10 месяцев назад

    Yeah nah. Crims know they’re crims. So do their lawyers. Defence lawyers are just as bad as their ‘clients’.

    • @TheLambsDaughterX_X
      @TheLambsDaughterX_X 4 месяца назад +1

      he talked a whole video to explain her points of her side of argument, u disagree its ok but instead of stating ur "facts" and opinions say why u think that

  • @curtissmoak69
    @curtissmoak69 5 лет назад +3

    This is a bad talk and she would make a very boring and preachy dinner guest.

    • @aysunhajizada2903
      @aysunhajizada2903 5 лет назад +2

      literally

    • @caradietz9507
      @caradietz9507 5 лет назад +14

      You don't just say that to people she is very, very inspiring how dare you.

    • @jonaigrant3130
      @jonaigrant3130 4 года назад +19

      Or perhaps you’re not able to comprehend.

    • @milton5417
      @milton5417 4 года назад +1

      Naah.

    • @Villytake56499
      @Villytake56499 4 года назад +4

      You just don’t understand her speakings