Nobody downloaded yet

The difference between the roles of the prosecutor and the defense attorney - Research Paper Example

Comments (0) Cite this document
Summary
Introduction For criminal justice system to be complete and effective, it is a must for it to have a prosecutor and a defense attorney, besides other important personnel such as the Judge, police, and probation officers among others (Grant, 2002). This is due to the fact that these two individuals facilitate the building of cases against offenders, which enables the judge to make informed judgments in a case based on the evidence presented as well as counter arguments brought forward by the defendant…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER95.3% of users find it useful
The difference between the roles of the prosecutor and the defense attorney
Read TextPreview

Extract of sample "The difference between the roles of the prosecutor and the defense attorney"

Download file to see previous pages This paper is a critical evaluation of the differences between the roles of a prosecutor and those of a defense attorney in the course of administrating justice. Differences in the Roles of the Prosecutor and the Defense Attorney Once a crime has been committed and brought to the attention of the prosecutor, it is his role and responsibility to ensure that justice to the victim, whether an individual or the state, is achieved by ensuring that the offender is convicted through a fair court process. To achieve this, the prosecutor embarks on a mission to create a strong case, which is free of loopholes, so as to establish whether the offender deserves to face trial or not. In this context, he has to conduct thorough investigation, which may involve questioning and securing witnesses, collecting all the incriminating evidence for example by acquiring the services of experts such as those dealing with forensics, ballistics among others, depending on the type of crime in question, so as to support his or her case once the trial begins (Grant, 2002). This service may be provided by the investigative arm of the police, which is of high importance to the prosecutor. This is essential based on the fact that there are people in the society, who may wish to subject others to torture such that they will utilize their democratic rights to demand rogue justice through unfair means such as planting of evidence. Others may be motivated to do such things by political ambitions, whereby the prosecution may be used as a tool to discredit a person by displaying him as corrupt or inefficient. In this context, it is important to insist that a prosecutor is not always out to ensure that suspects are put to jail but also acts as an agent of truth. In fact, Rosenthal (n.d) indicates that the prosecutor has the role of ensuring that innocent people are not convicted. It is therefore the reason why he will not go ahead to prosecute a person if the evidence shows that the case is motivated by malice. However, it is important to note that this does not imply that the prosecutor has the authority to declare one innocent as that is the prerogative of the judge, but truth be told, if the case in his hands goes to court and he does not believe in its admissibility, then, he has the powers to convince the judge by declining to persuade him to find the suspect guilty of the offences. In the US criminal justice system, the prosecutors are considered to be so powerful due to the powers vested in them, which allows prosecutorial discretion and plea bargaining. This means that they can convince the defendant to plead guilty either as charged or to a charge of lesser magnitude after which he would plead with the judge for a lighter penalty than what is recommended (Fionda, 1995). This is a circumstance that has created controversy such that critics indicate the intention of proposing mandatory prosecution instead of what is currently in operation. The international criminal court (ICC), for example, is mandated through the Rome statute to prosecute perpetrators of crimes against humanity, genocide, and other war crimes, which may be perpetrated by individuals or ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“The difference between the roles of the prosecutor and the defense Research Paper”, n.d.)
Retrieved from https://studentshare.org/family-consumer-science/1412181-the-difference-between-the-roles-of-the-prosecutor
(The Difference Between the Roles of the Prosecutor and the Defense Research Paper)
https://studentshare.org/family-consumer-science/1412181-the-difference-between-the-roles-of-the-prosecutor.
“The Difference Between the Roles of the Prosecutor and the Defense Research Paper”, n.d. https://studentshare.org/family-consumer-science/1412181-the-difference-between-the-roles-of-the-prosecutor.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF The difference between the roles of the prosecutor and the defense attorney

Difference between two time periods

...Renaissance artist depicts images that directly relate to the realities of human life. For instance, the social restrictions and deep religious roots of art in the medieval times lead artists to break away from conventional religious ideas and strive for originality that is deviant from the standards of the previous art period. These transformations reflect Renaissance art in a way that the said period is characterized with realistic images of the environment and human existence instead of the metaphysical and symbolistic images during the medieval times. Analyzing the differences and interplay between the Medieval and Renaissance art, which are adjacent periods in art history, leads to an understanding...
3 Pages(750 words)Research Paper

Prosecutor report

...? of the supervisor of the assignment is due Prosecutor's Report Summary of the facts of the case The case involvestwo men, defendant A and B who planned to execute a robbery in Fay’s distributor Store. The robbery plan was hatched in Offender A’s house. Offender A stole a green Ford Explorer which he intended to use in Robbery while offender B purchased an Intratec TEC-9 semiautomatic pistol and two UZI semiautomatic pistols. On March 11, 2013 they drove to Fay’s distributor store using the stolen vehicle. While wearing masks, the offenders stormed the store. Offender B hit the guard with the butt of his gun in order to knock him down and held hostage two patrons in a small closet. Offender A went to the manager’s office...
4 Pages(1000 words)Term Paper

Difference between intelligent and wisdom

...Task: Difference between intelligent and wisdom The role of knowledge in life is vast and entails, among other things, the search for answers to life difficulties and challenges. The necessity to understand the world also presents a great platform to utilize knowledge. The need to find the truth behind the functioning of different world phenomena and nature makes knowledge equally necessary for humankind. Knowledge, from the philosophical standpoint, may include that which emanates from an individual’s intellect or possession of wisdom. The debate on the distinctions that exist between intellect and wisdom attracts the consideration of several...
3 Pages(750 words)Essay

Attorney-client

...Running Head: ATTORNEY-CLIENT PRIVILEGE Attorney-Client Privilege: How Far is Too Far? YOUR Attorney-Client Privilege: How Far is Too Far? This paper will create a hypothetical scenario between an attorney and her client where the attorney-client privilege would apply. Following that, an added fact to the same instance will demonstrate an occasion where not only does attorney-client privilege not apply, it would be a violation of the law for the attorney to not report to the authorities regarding the privileged information. In this case, John Doe has retained Ms. Smith to represent him in...
2 Pages(500 words)Essay

Attorney Obligation

...representation and to avoid conflict of interest. The attorney is entitled to keep any information provided by client confidential. The attorney should ensure that they feel strongly about the client; that they portray enthusiasm about the case they are handling. The attorney is expected to wholly represent and be loyal to the client avoiding any conflict of interest in their role as the defense attorney. Prosecuting Attorney. Goldman (2006) states that the prosecuting attorney who is usually appointed by the judicial district is charged with the responsibility of conducting legal obligations on...
1 Pages(250 words)Essay

Difference between Capital and Revenue

...Capital and Revenue In financial accounting there are a number of distinguishing terms that aid an organization and its accountants keep better and efficient records. Two of these notable accounting terms are capital and revenue. While the terms share similar traits they differ in crucial ways. Both terms refer to funds the organization has on hand. Revenue is the funds that are implemented on a daily or frequent basis. One considers that revenue can constitute a number of wide ranging purposes, all of which are contingent on the specific organization (‘What is a capital expenditure versus a revenue expenditure’ 2010). For instance, revenue can be funds that go towards staffing, utilities, daily supply, or purchases of services... and Revenue ...
1 Pages(250 words)Essay

Role of a judge and role of a defense attorney

.... For this reason, it is important for the judge to employ more dynamic house rules, to promote ethical and legal standards. This substantially would lead to a balancing act in shaping substantive and procedural law. 2. It is the obligation of defense attorney to defend the client in a lawsuit from either criminal or civil case (Siegel, 2009, p.409). The real responsibility is to aim for probable acquital as there is a need to substantially increase the burden of proof on the part of the prosecutor to prevent conviction in as much as possible. In some cases, the defense attorney may also serve as the one who would make the verdict lighter for...
2 Pages(500 words)Research Paper

Difference between cultures

...Cultural Differences between Two Countries (United Arab Emirates and South Korea) Topic Outline Introduction of Two Cultures Emirati Culture South Korean Culture Languages of both Cultures Religion of both Cultures Dress Codes in Both Cultures Analysis of Cultures with respect of Different Dimensions Power Distance Individualism vs. collectivism Masculine vs. feminine Uncertainty Avoidance Traditions and Rituals of South Korean and Emirati culture Burial and Funeral Ceremony Marriage Ceremony Festivals and Events in Different Cultures Some Interesting facts of Difference of Daily Life Reference List The whole world is divided into different geographical boundaries. These geographical areas and territories possess their own ethical... ...
5 Pages(1250 words)Term Paper

Difference between 2 companies

..., the company primarily relies on the use of franchising operations in conducting its operations in its other locations. The term franchising has been used to describe many different forms of business operations, however a franchise is basically an agreement between two parties that comprise of the franchisee and the entrepreneur (franchisor). A franchise agreement grants the franchise the authorization and right to operate a specific McDonald’s restaurant at given location. McDonald’s franchise agreements usually have a time span of 20 years (Gilbert, 2009). The franchise is given a number of rights that include the right to use the McDonald’s trademark and method of operation. On the other hand,...
12 Pages(3000 words)Assignment

Difference between nature and goodness

...2. What is the relationship between nature and goodness in two of following: Montaigne, The Winter’s Tale, and The Tempest? There is quite some difference between nature and goodness. This is evident from the Ariel and Caliban, who are the main characters in the Tempest and The winter’s Tale respectively. This essay will show difference between nature and goodness by comparing Ariel Caliban’s character. Distinctions will be made together with a counterargument. In his exposition "Cannibals," Montaignes constantly states that what’s natural is identical with what’s great, as well as Nature itself should become the luminosity through which human activity...
6 Pages(1500 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Research Paper on topic The difference between the roles of the prosecutor and the defense attorney for FREE!

Contact Us