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The Role of a Prosecutor and Defence Lawyer

By sunshine0425 Mar 16, 2011 700 Words
The Role of a Prosecutor and Defence Lawyer
As far as the criminal justice court, the role of a prosecutor and a defence lawyer play an inportant role in the court system. In the following I will give a brief discription on both parties and each individual duties and their knowlaedge to the court system. Both parties care deferent responsibilities but they are equaly inportant. The Role of the Prosecutor

All of major serious and important criminal cases are require to have the participation of three very important individuals which are the counsel for the prosecution, the judge, and counsel for the accused. If any one of the parties is not present from the procedure, then the criminal justice system will be incomplete and the trial can not continue, and it can be cancel. The prosecutor stands at a very important role in the criminal justice system as well as playing a critical role before, during and after the trial. Prosecutors serve many functions all over the criminal process. Some of the proces requieres to investigate both parties, questioning both jurors, witnesses, and plead bargains, and they also become involved through the sentencing as well.It is important to know and understand that the role of the procecutor is to seek justice not to convict. It is important that the prosecutor’s responsibility is to convict the guilty and to protect the innocent, also need to protect the rights of the accused and also to implement the rights of the public. The prosecutor supposed to have the most information of the work of the police in the investigation of all crimes and in the enforcement of law. The prosecutor has great amount of desecration as to what charges will be brought against the person that is being accused or whether to even consider dismissing the charges based on lack of evidence in the case. All criminal attorneys must know the criminal statutes in their jurisdictions. Criminal statutes set forth the elements of crimes, the rules regarding searches, seizures and arrests and the procedures that govern document filings and how the court disposes of cases. All attorneys, including criminal attorneys, have a duty and responsibility to be competent. Without this foundational knowledge, it is nearly impossible for an attorney to competently counsel clients or try a case in court. Defense attorneys have a responsibility to counsel their clients, informing them of the charges against them, their rights and their options--whether to go to trial, testify or accept a plea offer from the state. Defens lawyers must also prepare key witnesses who will testify on the defendant's behalf. Additionally, prosecutors often prepare witnesses to testify against defendants. Witness preparation does not involve telling a witness what or what not to say, since witnesses have an obligation to tell the truth when testifying. All criminal lawyers have a responsibility to zealously advocate on each client's behalf. This duty often includes representing a client in court at trial, presenting motions and advancing the client's interests. In instances where the opinion of the client and the lawyer differ, the lawyer has a responsibility to defer to the client's wishes, regardless whether those wishes are in the client's best interests. Maintain Confidentiality Criminal lawyers are regularly provided incriminating and sensitive information. The rules of professional conduct in all jurisdictions mandate that they keep client information confidential. This means they have a responsibility to share no private client. My undestanding of the roles of a prosecutor and a lawyer are that both parties are eualy inportant to criminal justice system. I personaly would prefer being a procuter. I choose to be a procecutor because they convict the guilty and to protect the innocent, also need to protect the rights of the accused. I think this the prosecutor has a very important and intresting role in the court system. In conclusion to the roles of both procecutors and defence attornies it is known that both parties are as equaly inportant for the court system. They both have defent procidures to defent the defendant and the community. Both prosecutors and defense lawyers have the role to bring justice in the court system.

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