April, 13 2013
Prosecution vs. Defense
There are three main roles involved in all criminal cases: The judge, the prosecutor or the counsel for the victim, and the defense which is the counsel for the accused. I will be talking about the difference between the prosecution and the defense, not so much the judge although it is an important role. Although the prosecution attorney and defense attorney have had the same education and trials, and they are both considered lawyers, their roles couldn’t be more different. The prosecution is the one who represents the state, public, and victim or victims in a case. The defense counsel is the lawyer who represents the allegedly guilty party being charged by the victim or state. The biggest difference is that the prosecution is out to seek justice, not just to convict. The defense is always hired by the accused and acts on their behalf. Both sides however have equal rights and serve many different functions in the legal process. The prosecution may do some investigating, and question jurors they may not find suitable for their case. They can also offer deals called plea bargains. Their number one concern however is to make sure the guilty get convicted. The defenses number one goal is to protect their clients rights. The defense has the authority to challenge the prosecution on the behalf of their client. The prosecution has a lot of leverage in any given case. Unlike the defense, decisions made by the prosecution account for a large portion of cases taken into the courts. The prosecutors are usually much more involved in the case than the defense, and because of this they usually know more about the police investigation than the defense. The prosecution discretion allows them to play a part in what charges will be filed against the accused.