Many criminal lawyers should expect that, were they to not defend a certain client, someone no less capable would do so. It is morally wrong for such attorneys to defend defendants who should be punished. This is true even if we grant that the defendant’s right to be defended outweighs any rights that might be infringed by the defense and that the benefits of defending are greater than the harm. Nor does this argument depend on any particular view of punishment. The fact that the attorney expects to be replaced by someone equally capable has an asymmetric effect on the reasons for and against defending. The reasons that justify defending become extremely attenuated by this expectation, no matter what they are, while the reasons against defending are much less affected, no matter what they are.

中文翻译：

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可替代的律师和有罪的被告

许多刑事律师应该预料到，如果他们不为某个委托人辩护，那么有能力的人也会这样做。这些律师为应该受到惩罚的被告辩护在道德上是错误的。即使我们承认被告被辩护的权利大于辩护可能侵犯的任何权利，并且辩护的好处大于伤害，这也是正确的。这个论点也不依赖于任何特定的惩罚观点。律师希望被同样有能力的人取代这一事实对支持和反对辩护的理由产生了不对称的影响。无论是什么，支持辩护的理由都被这种期望大大削弱，而反对辩护的理由受到的影响要小得多，无论它们是什么。