Preview

Prosecution Vs. Defense

Satisfactory Essays
Open Document
Open Document
316 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Prosecution Vs. Defense
Prosecution versus Defense
Within the walls of any courtroom exemplified is the adversarial system of the United States of America between prosecutors and attorneys. In a logical sense, both roles and responsibilities are somewhat similar but contrasting.
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

You May Also Find These Documents Helpful

  • Powerful Essays

    prosecutor, a state's attorney general, and as a judge on state trial and appellate courts…

    • 1942 Words
    • 8 Pages
    Powerful Essays
  • Satisfactory Essays

    Checkpoint #6 Cjs/200

    • 337 Words
    • 2 Pages

    First I will start off with the one who has all the authority, the judge. The judge is the one who makes all the rules. Next is the prosecuting attorney. The prosecuting attorney may also be known as the district attorney, state’s attorney, county attorney, commonwealth attorney or solicitor. The prosecuting attorneys duty is to conduct criminal proceedings on the behalf of the state or the people against those accused. The three main roles of the prosecutor are investigating crimes, to decide whether or not to instigate legal proceedings and to appear in court. All of the duties of a prosecutor may become too much for one person to handle so they supervise a staff of assistant district attorneys who do most of the work in the courtroom. The prosecuting attorney determines which cases to pursue by the amount of evidence that they gather. If the attorney cannot find enough evidence to get a conviction then they may make the decision to drop the case. Next is the defense attorney. The defense attorney is the one who represents the one being accused of a crime. Public defenders also represents those accused of crimes, however they are state employed lawyers.…

    • 337 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    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.…

    • 279 Words
    • 1 Page
    Satisfactory Essays
  • Powerful Essays

    Cja Courtsystems

    • 1565 Words
    • 7 Pages

    | |A prosecutor is an attorney who has been elected or|The prosecution plays a very important role in the |…

    • 1565 Words
    • 7 Pages
    Powerful Essays
  • Better Essays

    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.…

    • 920 Words
    • 4 Pages
    Better Essays
  • Good Essays

    Their main goal is to obtain the complete dismissal of the charges brought against their client or obtain a not guilty ruling by the jury of their peers or the judge. The criminal justice system is a 3 part system which includes the judge and jury, the prosecutor, and the defence lawyer. Each part of the system is there in order to prevent abuse of power, and make sure each person receives a fair and equal trial. If the accused did not have a defense attorney they would have noone to fight for them and their rights, this would cause the system to be even more corrupt and unbalanced, as every person presented to the court would already be guilty because they have no one to show the contradicting evidence in their…

    • 413 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    The domain of prosecutors has been extended to provide greater authority. An example of domain expansion of the prosecutors is improving police-prosecutors relationships. Truthfully, police officers and prosecutors are looked at as the bad guys in the eyes of the public. They are both to serve justice, even though they have different perspectives on the law. For example, the police officers consider a case to be closed when the suspect is arrest, but the prosecutor needs obtain more information and evidence to win the case in court. Prosecutors depend off of the police to obtain a conviction; this all depends on how the police officers investigate and the quality of their arrests. Although both police officers and prosecutors have sought strategies…

    • 261 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    It is somewhat an oxymoron to consider yourself a prosecutor and a good person. Paul Butler writes describing the discrepancies with progressive prosecutors who believes they are able to change the “definition” of a prosecutor. Butler defines a prosecutor as someone one who is “more part of the problem than the solution” and a person who is “geared toward punishing people whose lives are already messed up.” Furthermore, Butler qualifies his definition of a prosecutor by saying the job of some prosecutors is to “mitigate the harshness of the system.” This is a failed attempt to mend the system because their principal work applies the criminal laws instead of ameliorating its negative effects.…

    • 1112 Words
    • 5 Pages
    Good Essays
  • Good Essays

    There are important people in the adversarial system used through the United States. The defense counsel referred to as the defense attorney, renders services on behalf of the indicted and exhibits legal defense for the client, and search for legal justification when appropriate. The other half of the defense counsel is the prosecutor. Prosecuting attorneys is an agent for the public, preferably not individualized people, and in extent is accountable for providing and introducing the state case facing defendants in criminal and civil court (Meyer & Grant, 2003). The function of the prosecutor basically rotates around ensuring that guilt does not go unpunished, the task of the defense attorney surrounds the need to ensure that the legally innocent are not found guilty and that the authority of the state has an adversarial counterpart to make sure some level of honesty is represented for individuals.…

    • 445 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Courtroom Workgroup Paper

    • 740 Words
    • 2 Pages

    There are three main roles that a prosecutor utilizes. These are as follows; investigating crimes, evaluating them to determine whether a legal proceeding should be initiation on the basis of the available evidence or not and then appearing in the courtroom. The prosecutor uses the prosecutorial discretion process. Through this process, the prosecutor evaluates filed charges and corresponding testimonies and evidence before…

    • 740 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    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.…

    • 528 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    A prosecutor and a defense attorney are different in a lot of ways. In all cases, the prosecution is the lawyer that acts on behalf of the state and victim(s) in a case. The defense counsel is the lawyer who represents the party being accused in the legal matter that they are charged in. Both are present in court and debate back and forth against the evidence being presented, proving that the defendant is to be found guilty or innocent. One major difference is that the prosecution is to seek justice, not just to convict for the state or victim. The defense is usually hired by the accused and act on behalf of the accused. In any legal matter both of these sides have equal rights. Both the prosecution and the defense serve many functions throughout…

    • 350 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Trial Judges are appointed to ensure justice in courtroom proceedings. Judges are also responsible with safeguarding both rights of the accused, and interests of the public. By doing so, this keeps the prosecutor grounded by making sure guilt is established of the accused as required by criminal law. The workgroup interact with each other daily. While the judge oversees the procedure, the prosecutor, defense attorney, and public defenders help to create a visual that is easy for the judge to see what happened. Prosecuting attorneys are the primary representatives of the people, by virtue of belief that the accused violated a criminal law and that the public knows about it. The defense attorney represents the accused by making sure that the defendant’s civil…

    • 730 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    There are many parts of the courtroom work group professionals who successfully pursuit justice and the process of convicting a criminal. The courtroom work group has a major role in convicting and finalizing a case. In the courtroom work group, there are three groups of people that hold the entire courtroom together. Without the work group, the courtroom would not flow, and coming to a conclusion to the case would not be as easy. The work group is made up of the Judge, the Defense Attorney, Public Defender, Court Recorders, and the Prosecutor Attorney. Which all are part of the courtroom work group which they work together to reach a decision, in the case by interacting among themselves and who’s involved an implicit recognition and rule of civility, cooperation, and sharing their goals. There are many roles in the work group, and if they are not all followed through with then the results could be different than what they should be. In this paper, we will look at the roles of the prosecutor, how the criminal justice funnel effects the courtroom work group and what will help eliminate the funnel and reduce the backlog of cases.…

    • 1422 Words
    • 4 Pages
    Powerful Essays
  • Good Essays

    The adversarial system is a contest between two opposing sides. In the adversarial system, the accused is presumed innocent until proven guilty. The adversaries are the Prosecutor and the Defense. Each presents their best arguments and facts as about their theories of the case, and they show weaknesses in the other side’s case. The Judge is supposed to remain neutral, weigh the arguments and produce a judgment. Another word for this is "blind justice" which means not blind to the facts but blind to the wealth, color, religion etc. of the accused. In most circumstances, the Judge or Jury is bound to find the accused innocent unless he is convinced "Beyond a Reasonable Doubt" of the guilt of the accused.…

    • 381 Words
    • 2 Pages
    Good Essays

Related Topics