A prosecutor’s primary role is that of a minister of justice, and not simply that of an advocate in guarding the rights of the accused as well as enforcing the rights of the public (Tragos, n.d.). Of course, as a minister of justice and not that of an advocate, a prosecutor possesses the power of operating with few legal constraints regarding decision making, which accounts for the use of discretion. In contrast, defense counsel represent the accused of society, the role of the defense…
Explain why the adversary system of trial is the best system for achieving justice in criminal trials?…
prosecutor, a state's attorney general, and as a judge on state trial and appellate courts…
The Defendant when his daughter was living with him constantly updated the Plaintiff of what was going on with their daughter.…
The prosecutor is accountable for exhibiting the state’s evidence as well as presenting and preparing the state’s case against the accused. It is also the prosecuting attorneys responsibility to decide which matters should be tried or not. It is the prosecutor who makes these determinations based on a several sets of criteria. Most prosecutors will study the evidence against the accused, study the crime, as well as many other factors.…
The defense attorney says what he wants to say because the prosecutor has the last word in the process. The defense attorney is there for the criminal/defendant and to make the juries question all the evidence against the defendant. The prosecutor is there to give the last word in hopes that the jury can see the evidence for what it is.…
The prosecutor has a very important role as a member of the courtroom workgroup. The prosecutor may also be known as the district attorney, states attorney, or the commonwealth attorney (Schmalleger, 2011). The prosecutor is responsible for making and presenting the case of the state against the accused. In their own way the prosecutor speaks on behalf of the people, for the law or laws broken by the defendant. The…
Also, knowing the local court procedures and daily operations, understanding what arguments will best appeal to the prosecutor and knowing the costs that are often hidden if the defendant pleads guilty, are a few more ways where an attorney can help the defendant. In addition, taking quality time on a defendant's case-time that most defendants wouldn't have to spend on their case, gathering information from prosecution witnesses, hiring and managing investigators to help with the case-all enables the attorney to present the best case scenario possible for the…
Criminal defence attorneys will have experience handling variety of cases from simple traffic violations and drug charges to felonies and white-collar crimes. An attorney will assiduously assess the case, testimonials, evidence furnished, and circumstances of the case, based on which they will create sound defence mechanism. The focus of the lawyer will be on diligently protecting the interest of the client, reducing the criminal charges to lesser offence, lessen the severity of the punishment, reduce the jail time and offer sound legal advice.…
In the most basic of terms, a criminal defense attorney represents those who have been charged with a crime in court. A criminal defense attorney can be used in cases ranging from a misdemeanor, all the way to the most serious of felony charges.…
Environmental Engineering, with their solutions, helps maintain the carrying capacity of the planet and ensure better quality of life for the current generation and the generation of tomorrow. This profession is carried out in a closed room where you can experience and discover new drugs which can draw from the natural fauna, finding solutions to pollution, etc. The hours of work of an environmental engineer in a company are Monday through Friday from 8 a.m. to 5 p.m. Median annual earnings were $ 61,410 environmental engineers. The middle 50 percent earned between $ 47,650 and $ 77,360. The lowest 10 percent earned less than $ 38,640, and the highest 10 percent earned more than $ 91,510. Chef assistants perform a variety of responsibilities in the…
A prosecutor has limited constraints when bringing charges against someone. A prosecutor cannot bring charges vindictively against a person because a defendant successfully appealed a conviction. In the presence of probable cause the prosecutor is not permitted to bring charges for such improper reasons. It would be inappropriate for a prosecutor to bring charges against someone is if he or she knew that the evidence was tampered with, like improper behavior of a cop. If the attorney knew that the evidence given was under false pretense or had been fabricated, filing charges would be inappropriate. Another case would be if the lawyer trust that there is insufficient evidence to convict or if the case is not sufficiently strong to warrant an indictment. A prosecutor choosing that…
The constitution is the basis of all criminal law as well as trials and their verdicts. The constitution and the state and federal court systems have been in effect since the nineteenth century. Each and every court case has their own unique processes related to the different courts and how the case made it to any specific one, taking a plea bargain as an alternative to facing trial and what happens to the wrongfully accused will help understand a little more about the ins and outs of trials and verdicts.…
A defense attorney can either be hired by the client, or the courts can appoint one to the accused. Prosecutors are there to represent the people and that…
In order to convict a criminal, prosecutors are required to prove guilt beyond a reasonable doubt. The most common criminal defenses fall under two categories, excuse and justification. An excuse is when a person admits to committing a criminal act but believes that he or she can’t be held responsible because there was no criminal content. Some excuses used in court today are; mental disorder, infancy (age), mistake of fact, mistake of law and automatism. In justification defenses, the accused admits to wrongdoing but argues that he or she should be freed from culpability or assessed reduced liability for the crime due to mitigating circumstances surrounding offense. These defenses are factors that excuse a competent person from liability for…