4. what do a prosecuting attorney and a defense attorney do in a criminal case? course hero

by Dr. Jerald Thompson 8 min read

A civil defense attorney represents a client who faces fines, while a criminal defense attorney represents a client who faces jail time. The prosecutor must charge the accused with a specific crime or crimes, then present evidence that proves beyond a reasonable doubt that the accused is guilty.

Full Answer

Do lawyers specialize in prosecution or criminal defense?

Most lawyers and law firms specialize in either prosecution or criminal defense and not both. But, the advantage of hiring a defense attorney that has with both sides of the justice system is that they have a better understanding of the law. This experience allows them to find the best avenues to advance their client’s legal interests.

What is the goal of a criminal defense attorney?

Yes, the goal of the defense attorney (like the prosecutor) is justice. But justice can look like making sure a client is 100% informed about the proceeding, his rights, the state of the evidence, and his options. Justice can look like a negotiated settlement that incorporates substance abuse treatment in addition to a jail sentence.

What does a prosecuting lawyer do?

A prosecuting lawyer is an attorney who represents a client when they press charges against another individual. A prosecutor may work in either civil or criminal law. The prosecution’s goal is to show that the accused individual is guilty of their charges. They do this through gathering evidence, witness testimonies, and such.

What is the difference between a defense attorney and public defender?

In a criminal prosecution, a defense attorney represents the defendant. If a defendant cannot afford an attorney, the court will appoint a defense attorney known as a public defender for the defendant. Miranda rights are the legal rights of a person who has been arrested to have an attorney and to refuse to answer questions.

What do a prosecuting attorney and a defense attorney do in a criminal case quizlet?

Defendants believe that defense attorneys will fight vigorous battles at every stage of the process. The defense attorney's actual role is to protect the defendant's rights and to make the prosecution prove its case.

What is the main job of the defense and prosecution?

The prosecutor works to prove guilt beyond a reasonable doubt while the defense attorney attempts to create reasonable doubt so that their client is deemed innocent. If the jury says that an individual is guilty, the prosecutor and defense attorneys both help with sentencing.

What are the roles and responsibilities of a prosecutor?

(a) The prosecutor should act with diligence and promptness to investigate, litigate, and dispose of criminal charges, consistent with the interests of justice and with due regard for fairness, accuracy, and rights of the defendant, victims, and witnesses.

What is the role of the defense attorney quizlet?

The role of the defense lawyer is to provide the best public legal counsel and advocacy within the legal and ethical limits of the profession. the procedures followed by courts to ensure that a defendant's constitutional rights are not violated.

What do defence lawyers do?

A Criminal Defence Solicitor helps someone who is suspected or charged with a crime, ensuring that their legal rights are upheld and that they are given a fair trial by presenting their case in court.

What is the main goal of a defense attorney?

Whether dealing with criminal or civil cases, a Defense Attorney is an advocate for the accused, responsible for protecting their client's interests. When individuals or corporations are brought before a court as the defendant, they are at risk of having a judgment made against them.

What is the job of the defense?

Whether dealing with criminal or civil cases, a Defense Attorney is an advocate for the accused, responsible for protecting their client's interests. When individuals or corporations are brought before a court as the defendant, they are at risk of having a judgment made against them.

What is a prosecutor quizlet?

Prosecutor. A court official who conducts criminal prosecutions against defendants on behalf of the state. Prosecutorial bluffing. Defense used by prosecutors to bluff a defendant into believing a case is more serious than it really is. Prosecutorial misconduct.

Who does the prosecutor represent quizlet?

The prosecutor represents the accused or convicted offenders in their dealings with criminal justice officials. The state's governor appoints most local prosecutors.

What is the primary goal of defense counsel quizlet?

The defense counsel is a trained lawyer who may specialize in the practice of criminal law. Their task is to represent the accused as soon as possible after arrest and to ensure that the civil rights of the defendant are not violated through processing by the ciminal justice system.

Defense Attorney Definition

A defense attorney, also known as a defense lawyer, represents a defendant in a lawsuit or criminal prosecution.

Defense Attorney Role

The defense attorney's primary responsibility is to mount a vigorous and competent defense. This requires the attorney to take an active role in defending their client's freedom.