• There are many issues that can make it difficult for a defense lawyer to ensure a fair trial.Justice image by MVit from Fotolia.com
  
  Defense attorneys have a difficult job. They are responsible for supplying a defendant with his Constitutional right to a proper defense when the defendant may be guilty of the crime with which he is charged. He also has to make sure the defendant's rights are not being violated and that the client receives the most fair and unbiased trial possible. There are many factors that can interfere with a defense attorney's ability to do this.
  
  

Press Coverage

• Press coverage can have a detrimental effect on a trial due to the bias it can create in the general public as well as on the judge. While people associated with a trial are supposed to avoid any news coverage of the case they are assigned, it is still possible that someone close to the case, such as a judge or juror, can purposefully or accidentally find out details about the defendant or the alleged crime through media reports. Media can also be biased, so the information given could easily be slanted in such a way to cause a desired response in an audience, which further complicates the defense attorney's ability to provide a fair trial.
  
  

Jury Bias

• While the media could create bias in a potential jury pool, they have no control over biases that already exist. Any juror has the potential to have a bias in the particular case against the defendant, even if that bias is unintentional. If a juror is racist, he is more likely to believe the prosecution's argument and convict a black or Hispanic defendant. If a juror had a family member killed by a drunk driver in the past, she could be much more likely to convict a defendant in a drunk driving case regardless of the actual facts. The jury selection process is one of the most important jobs of a defense attorney because that is the best opportunity to remove these biases from the jury pool through careful research and questioning.
  
  

Defendant Behavior

• The defendant can also work against his own attorney in protecting the defendant's rights. If the defendant makes inappropriate public statements that involve his case, it can be difficult for the attorney to remove those comments from the record or prevent them from creating bias in the courtroom. If a defendant refuses to listen to his attorney's advice, his decision could work to his own detriment. For example, if a defendant insists on testifying against his attorney's advice, he could incriminate himself while being questioned by a prosecutor even though he has a right against self-incrimination.