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

What is it like to be a prosecuting attorney?

determining their own case strategy for trial and for making a decision as to an appropriate plea offer. In order to be successful, the prosecutor may have to educate themselves about an area of science or a profession that is unfamiliar. All criminal attorneys have to learn at least a little bit about a lot of specialized topics.

Are prosecutors and defense lawyers on Your Side?

Aug 19, 2020 · The criminal defense attorney works in the interest of the defendant by ensuring that the state prosecutor do not abuse their powers and judicial system at the expense of the defendants’ rights. ROLE OF PARTICIPANTS IN CRIMINAL JUSTICE SYSTEM 4 The role of Judge Based on the response from the interview, the role of a judge is to be impartial, fair an unbiased …

What happens if a prosecutor does not pursue a case?

Feb 20, 2022 · It is the civil defense attorney's responsibility to represent a defendant in a civil lawsuit at every level of the litigation process. In contrast to a criminal case, however, the defendant is responsible for hiring his or her own civil defense attorney. If a defendant cannot afford to defend himself in court, the government will not intervene.

Can the prosecutor prove that the defendant is guilty?

Dec 01, 2014 · The role of the prosecuting attorney in a criminal case is where the lawyer represents the State in a criminal action. Before a trial, a prosecutor files criminal charges against the defendant or may coordinate a plea bargain with the defendant's lawyer or drops the charges if the case is not strong enough. During the actual court trial, a prosecutor's role is to …

What does a prosecutor need to prove?

For a prosecutor, however, they must consider the burden of proof and their ability to successfully prosecute a case. Since the U.S. holds that someone is innocent until proven guilty, it is up to the prosecutor to prove guilt, not the defender to prove innocence. A prosecutor must have sufficient evidence to meet the standard ...

What is a paralegal?

Paralegals assist attorneys on both sides of the courtroom. They are often in charge of conducting legal research, preparing and organizing legal documents, preparing evidence, pursuing affidavits, taking trial notes, and coordinating with clients, witnesses and lawyers. But if you’re considering a career as a paralegal, ...

How many people are on a grand jury?

They typically consist of 12 to 23 people who review the evidence of a prosecutor’s case and vote whether or not to indict.

What happens after you are arrested?

After being arrested, your friend’s case and all of the evidence collected will make its way to a district attorney’s office where a prosecutor will look at it and decide what, if any, criminal charges will be pursued. At the head of this office is an attorney who oversees an office of legal professionals. They are all government employees, working to protect the public interest.

Can a defense attorney be a public defender?

Unlike prosecutors, defense attorneys can be either private or public. So if your friend cannot find a private attorney to take their case or cannot afford one, they will be assigned a public defender who works for the government. One of the first things a defense attorney’s team will do is file a motion for discovery.

What are the advantages of plea bargains?

The primary advantage of a plea bargain is that there is no risk of complete loss of the case to both the prosecutor and the defense. In so doing, the defendant gets a lesser sentence and reduced charge while avoiding lengthy court processes, fines, and public ridicule.

What is plea bargaining?

A plea bargain is a judicial system mechanism that helps the defense and prosecutor settle the case before trial. The agreement reached out in the bargain is beneficial to all the parties. Under a plea bargain, the prosecutor can also propose certain sentences which are favorable to the defense. A plea bargain is seen as beneficial to both the prosecutor, the criminal justice system, and the defense. The primary advantage of a plea bargain is that there is no risk of complete loss of the case to both the prosecutor and the defense. In so doing, the defendant gets a lesser sentence and reduced charge while avoiding lengthy court processes, fines, and public ridicule. Considering there is no complete loss of the case to both parties, the prosecutor's image is not risked like when a case is lost, and the justice process is done faster. Besides, the primary disadvantage of plea bargaining is it can put innocent people in jail. The defense can plead guilty out of fear of losing the case and face tough penalties or out of pressure and biases. In such instances, the defendant ends up serving a sentence for crimes never committed. After careful research, these are the answer that I came up for the above question.

Why do prosecutors leave the district attorney's office?

Many prosecutors leave the district attorney’s office in hope of making more money than government employment has to offer. Those who stay behind often resent those who turned their back on persecuting those seen as ‘guilty criminals’ in order to make more money.

What is direct examination?

Prosecutors spend their professional lives conducting what is known as ‘ direct -examination’ – questioning of friendly witnesses who want the same thing the prosecutor wants – a conviction. A typical direct examination of a police officer in a criminal case goes something like this: ‘What did you do? What did you do next? What did you do next?’ The police officer on the witness stand is all too willing to answer freely and help to fill in damning details wherever the prosecutor has left a blank spot in the case.

Does prosecuting criminal cases improve a lawyer's ability to defend people?

The idea that prosecuting criminal cases improves a lawyer’s ability to defend people is just as absurd as the idea that playing pitcher will somehow improve your batting, or that playing quarterback will somehow make you a better wide receiver.

Can a police officer make a mistake?

Prosecutors believe that no police officer could ever make a mistake, let alone deliberately lie about anything. Anyone arrested must have done something wrong. And the ‘guilty’ must be punished. True defense lawyers have seen police misconduct first-hand.

Do prosecutors make plea offers?

The hard truth is that prosecutors don’t make favorable plea offers based on friendship. They make favorable plea offers in cases that they realize there is a chance of losing at trial. The greater the chance of losing at trial, the better an offer the prosecutor is willing to make.