NASHVILLE, Tenn. -- Some state lawmakers want to punish defense attorneys who make unproven insinuations during a trial. This discussion comes after a high-profile murder trial in east Tennessee and some controversial remarks made by defense lawyers.

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Lawmakers said it isn't fair for attorneys to try to make criminals out of victims during a trial. However, some attorneys believe this notion is unconstitutional.

The discussion for the new law came about after a couple in Knoxville was tortured and killed in 2007. The parents of Channon Christian listened to the graphic details in court last year and said defense attorneys insinuated their daughter used drugs.

"They criminalize the victims. They are in the grave. They have no defense," said state Sen. Tim Burchett, a Republican from Knoxville.

But lawyers said this notion is ridiculous.

"I think it's scary, given the problems that this state has in the budget, in education, in whatever field that people are introducing bills that make absolutely no sense whatsoever," said defense attorney Jim Todd.

Todd said lawyers have strict rules about making any patently false statements and could risk losing their license. However, they must be able to present evidence to cast a reasonable doubt.

He pointed to the "Wooded Rapist" trial, during which the defense insinuated Robert Jason Burdick might have had a twin. Even though he didn't, it was necessary to raise the question to cast doubt on the DNA evidence.

"It happens all the time, every day, in every courtroom in the state," said Todd.

While lawyers have called this bill unconstitutional, Burchett said it is the right thing to do.

"If I was member of the legal community, I would quit wrapping myself up in the Constitution and start thinking about what's right," said Burchett.

Burchett would like to make this a felony crime.

The reason it may be unconstitutional is because the burden of proof in a criminal trial is with the prosecution.