what is the contrast of an defense lawyer and a procetur

by Albina Cummings 10 min read

A prosecutor and a defense attorney are both lawyers who have completed law school and passed the bar examination. However, a defense attorney defends the individual that a prosecutor is trying to convince the jury is guilty. In a criminal court, these attorneys are on opposite sides.

Full Answer

What is the difference between a defense lawyer and a prosecutor?

He represents the office of the district attorney, the elected official who is in charge of criminal prosecutions within the jurisdiction and is funded by public money. Federal prosecutors are employed by the Department of Justice. A defense lawyer, on the other hand, may be a private lawyer or a public lawyer.

What were the arguments of the defense attorney in the case?

They argued for the right to a fair trial, the presumption of innocence, and the burden that the State should carry. Their passion was clear in every argument to the court, every cross examination, and throughout their investigation of the evidence. Of course, the way the prosecution is portrayed in the documentary may be slightly skewed.

Can the prosecutor prove that the defendant is guilty?

Since a person’s freedom is on the line, the prosecutor can’t just prove that the defendant is probably guilty. They must prove every aspect of their criminal charge so that there is no possible conclusion other than that the defendant committed the crime.

What does a defense attorney do?

A defense attorney protects the rights of those who, according the founding law of our country, are innocent until proven guilty. Many times, defense attorneys represent the poor, the marginalized, and the disenfranchised of our society. I came to law school to do exactly that.

What's the opposite of a defense lawyer?

prosecutorA prosecutor is a lawyer who works for a state or government organization and is responsible for starting legal proceedings and then proving in court that the suspect committed the crime he's accused of. The opposite of a prosecutor is a defense attorney.

What is the purpose of a defense lawyer?

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 difference between prosecution and defense?

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. The defense attorney must defend their client against criminal charges. The client is innocent until proven guilty.

What is the most important role of a defense attorney?

First and foremost, the most important job of your criminal defense attorney is to fight for you and defend you in the court of law. According to the American Bar Association, the primary responsibility of a criminal defense attorney is to advocate for their clients and defend their rights.

How can a defense attorney defend a guilty client?

A criminal lawyer can still defend the client by arguing that the evidence does not prove the elements of the offence beyond reasonable doubt. If the client gives evidence denying guilt or makes a statement claiming their innocence, the solicitor must stop acting for them.

What's the difference between attorney and lawyer?

Attorney vs Lawyer: Comparing Definitions Lawyers are people who have gone to law school and often may have taken and passed the bar exam. Attorney has French origins, and stems from a word meaning to act on the behalf of others. The term attorney is an abbreviated form of the formal title 'attorney at law'.

How is a Defence lawyer different from the public prosecutor?

Prosecutors and defense lawyers are attorneys working on criminal cases. Prosecutors charge suspects with crimes and attempt to convict them in court, while defense attorneys strive to defend their client, the suspect, and prevent a conviction.

Which is higher lawyer or prosecutor?

A prosecutor and a defense attorney are both lawyers who have completed law school and passed the bar examination. However, a defense attorney defends the individual that a prosecutor is trying to convince the jury is guilty.

What's the difference between a lawyer and a prosecutor?

Prosecutors attempt to convict a person who they believe has committed a crime while a criminal defense lawyer will fight for the rights of the accused and attempt to convince a jury that his or her client was not guilty.

What is one of the three main functions of a criminal defense attorney?

Common roles that defense counsel take include:Investigating the case and interviewing all witnesses.Research pertinent case law, crime codes and statutes.Build defense and come up with effective case strategy.Negotiate with prosecutors to arrange plea bargain.More items...

What is the role of the defence in court?

The defence counsel's job is to highlight all the information and circumstances in favour of your not being guilty of the charge issued by the prosecution service. Similarly, the defence counsel must highlight every aspect in favour of your being given a lenient sentence if you are convicted.

What is the Defences job in court?

The Defence teams represent and protect the rights of the defendant (suspect or accused). All defendants are presumed innocent until proven guilty beyond reasonable doubt before the Court.

What is the difference between a defense attorney and a prosecutor?

However, a defense attorney defends the individual that a prosecutor is trying to convince the jury is guilty.

What does the prosecutor do?

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. The prosecutor makes recommendations, ...

What is the difference between a defense lawyer and a prosecutor?

Both prosecutors and defense lawyers are the major players in the trial on criminal cases. Whereas a prosecutor tries to show that the defendant is guilty, however, the defense lawyer tries to prove his innocence.

What is the role of a prosecutor in a civil case?

A prosecutor only works on criminal cases. A defense lawyer has the option of working on criminal or civil cases; in rare cases, she may represent clients in both arenas. Generally, a civil action begins when a plaintiff files a petition in court against a defendant.

What does a criminal defense lawyer do?

He investigates the case on behalf of the defendant, advises the defendant on how to plead and, if necessary, represents the defendant at trial with a view to getting him acquitted.

What is the job of a civil defense attorney?

It's a civil defense attorney's job to represent a defendant in civil litigation at every stage of the case. Unlike with a criminal case, however, the defendant must hire his own civil defense lawyer. The government will not step in if the defendant cannot afford to go to court.

What is the job of a prosecutor?

A prosecutor is responsible for prosecuting a person who is charged with a crime. In simple terms, she is responsible for gathering evidence about the crime, deciding whether there's enough evidence to prove the case, then persuading the jury that the defendant is guilty on the basis of that evidence. A criminal defense lawyer does the exact ...

How long does it take to become a lawyer?

Regardless of where you sit in the courtroom, you will have completed a minimum seven years of full-time study before you're licensed to practice law.

Who is the main player in a criminal case?

Both prosecutors and defense lawyers are the major players in the trial on criminal cases. Whereas a prosecutor tries to show that the defendant is guilty, however, the defense lawyer tries to prove his innocence.

United States Supreme Court Justice White Defined the Role of the Prosecutor

United States Supreme Court Justice White Defined the Role of the Prosecutor Law enforcement officers have the obligation to convict the guilty and to make sure they do not convict the innocent. They must be dedicated to making the criminal trial a procedure for the ascertainment of the true facts surrounding the commission of the crime.

United States Supreme Court Justice White Defined the Role of the Criminal Defense Attorney

United States Supreme Court Justice White Defined the Role of the Criminal Defense Attorney But defense counsel has no comparable obligation to ascertain or present the truth. Our system assigns him a different mission.

What does a defense attorney do?

A defense attorney protects the rights of those who, according the founding law of our country, are innocent until proven guilty. Many times, defense attorneys represent the poor, the marginalized, and the disenfranchised of our society. I came to law school to do exactly that.

What is the role of a prosecutor?

But a prosecutor’s main role is to bring justice when injustice has occurred, and that includes injustice to defendants. That part of the role is too often overlooked.

What is the purpose of writing a blog post for law school?

Writing blog posts as a lawyer is a great way to practice writing skills, and to do so in a way that allows the writer a little more freedom to showcase his or her own voice, and—eventually for these students—a great way to maintain visibility as a legal professional . Here is one of those blog posts, this one written by 3L Naomi Tovar.

Who was the prosecutor of the caliber of this nation's second president?

I want to thank Naomi Tovar for addressing this topic and Lisa Mazzie for bringing about the introduction of Adam Foss, a prosecutor of the caliber of this nation’s second president, when John Adams defended the “redcoats” who shot and killed members of a mob at the Boston Massacre.

Who compared the Father to the unjust judge?

Jesus Christ compared the Father with the unjust judge. We should likewise compare ourselves thus, and be more like Adam Foss when we must judge others.

Do defense attorneys have to deal with nonsensical charges?

Even in my own experiences thus far, I’ve seen how defense attorneys sometimes have to deal with unfair, nonsensical charges. How they have to raise issues that should never have existed in the first place, including a wrongful search, seizure, charge, and even fighting for exculpatory evidence that is rightfully theirs. But perhaps if these defense attorneys had chosen to be prosecutors, the rights of defendants, who more often than not are the most vulnerable in our society, would be more protected than they appear to be today.

Where are plea agreements worked out in a misdemeanor case?

Most plea agreements in misdemeanor cases are worked out at the pretrial conference with some resolved at the arraignment.

Why are defendants motivated?

Most defendants are motivated to resolve their matters quickly and satisfactorily, depending on the strength of the evidence against them and if facing prolonged incarceration. A defendant is generally motivated by avoiding:

What is plea bargain?

The plea bargain is an agreement between a criminal defense attorney and the prosecution to resolve a criminal case and ends with a defendant pleading guilty or nolo contendre (no contest) in exchange for a reduced sentence or to a lesser charge. Nolo Contendre.

What is a plea of Nolo contendre?

A plea of nolo contendre is a guilty plea. Its effect is in civil cases where a victim may elect to sue the defendant for civil damages by not allowing the plea in the criminal case to be evidence of an admission of guilt to the underlying charge. About 90% of all criminal cases end in a plea agreement. The ones that do go to trial are usually in ...

What is a plea to set charges?

A plea to set charges in exchange for not adding other charges. An agreement to reduce the sentence based on the defendants’s lack of a record or weakness of the evidence. A plea to a set of charges in return for a reduced or alternative sentence in exchange for information or to testify against other defendants.

How many criminal cases end in pleas?

About 90% of all criminal cases end in a plea agreement. The ones that do go to trial are usually in matters where one side will not accept a plea offer if one is offered and/or the defense believes that the prosecutor cannot prove its case.

What can judges do to help the sides?

Judges can present what they feel is a good offer based on the current evidence and may offer an insight into how they may rule on the admissibility of contested evidence in an effort to persuade the sides to come together.

What are the types of defenses in criminal law?

3. Alibi. Certain types of defenses in criminal law, such as the alibi defense, are affirmative defenses. This means the defendant (you) must prove the defense, and in the case of an alibi, it means that the defendant must prove ...

What is a criminal defense?

A criminal defense is a strategic argument that attempts to challenge the validity and sufficiency of the prosecution’s evidence. The prosecution, often referred to as the state, the people, or the United States for federal crimes, is the party trying to prove the criminal charges against you. The prosecution must prove ...

How does a defendant establish that he or she abandoned or withdrew from a crime?

For most crimes, a defendant can establish that he or she successfully abandoned or withdrew from a crime by showing that he or she stopped participating in the crime prior to its ultimate commission, that any actions undertaken by the defendant prior to abandoning the crime did not contribute to its successful completion, or that the defendant notified the police of the planned crime as soon as possible.

What is mistake of law?

Mistake of Law / Mistake of Fact. Sometimes, a defendant may have been unaware of a fundamental element of a crime that the prosecution has charged him with. For example, if a defendant is charged with stealing a car, but believed his family member or friend wanted to give him the car, a mistake defense would exist.

What is the defense to criminal liability?

1. Innocence. One of the simplest defenses to criminal liability is the defense of innocence. This defense is raised when you did not commit the crime. Remember, the prosecution has to prove every element of the crime charged against you and prove it beyond a reasonable doubt. To be innocent you do not have to prove anything.

What are the common defenses to criminal charges?

There are many common defenses to criminal charges. A defendant may argue that there are holes in the prosecution’s case, that evidence was gathered in violation of the defendant’s constitutional rights, that another individual committed the crime, that the defendant had a justifiable reason ...

What is the burden of proof?

The prosecution must prove the crime beyond a reasonable doubt. This breaks down as they must prove every element of the crime you have been charged with beyond a reasonable doubt. This is called the “burden of proof,” and it is a heavy one.

How does civil law differ from criminal law?

Civil law differs from criminal law in that it applies to interactions between citizens. Rather than dealing with crime, civil law deals with tort, or actions that aren't necessarily illegal but can be proven to be damaging in some way. For example, if you sue a neighbor for cutting down a tree and letting it land on your house, that would be a civil case dealing with tort rather than a criminal case dealing with crime.

What is procedural law?

Procedural Law Explained. Procedural law governs the mechanics of how a legal case flows, including steps to process a case. Procedural law adheres to due process, which is a right granted to U.S. citizens by the 14th Amendment. Due process refers to the legal rights owed to a person in criminal and civil actions.

What happens if you appear in court for the first time?

Upon appearing for the first court date, the arrestee will enter a plea of guilty, not guilty or no contest. Learning Outcomes. Once you have watched this lesson, you should be prepared to: Differentiate between substantive and procedural law as well as between civil and criminal law.

What happens if you plead not guilty?

If a plea of not guilty is entered, the arrestee will then go to trial, becoming a defendant in a criminal case. Lesson Summary. In summary, substantive law is based on statutory or written laws passed by legislature. Procedural law sets the steps in place through due process. Due process refers to the legal rights owed to a person in criminal ...

What is substantive law?

Substantive law is used to determine whether a crime or tort has been committed, define what charges may apply and decide whether the evidence supports the charges. Let's say a person is caught drunk driving. Substantive law says that it is a crime punishable by a term in prison.

How long does a prosecutor have to issue formal charges?

Example: For Bonnie's trial for theft, procedural law states that the prosecutor had one week from the time of her arrest to issue formal charges.

What is due process?

Due process refers to the legal rights owed to a person in criminal and civil actions. It is one of our 14th Amendment rights and guarantees the right to life, liberty and the pursuit of happiness.

Who represents criminal defendants?

Most criminal defendants are represented by court-appointed lawyers who are paid by the government. This section explains who these attorneys are, who is entitled to receive their services, and the type of services you are entitled to expect from them.

How does a public defender work?

Some public defender offices assign the same public defender to a defendant's case from beginning to end. In other public defense offices, the public defenders are specialized. One public defender may handle arraignments, while another handles settlement conferences, and yet another works on trials. Under this method, a single defendant may be represented by a number of public defenders as a case moves from beginning to end. This second approach can sometimes result in defendants feeling lost in the shuffle, especially if there isn't close communication between the different public defenders as the case moves from one phase to the next.

What is a panel attorney?

Panel attorneys are private attorneys who agree to devote part or all of their practice to representing indigent defendants at government expense. Panel attorneys handle most of the criminal cases in states that have not set up public defender offices. When the judge has to appoint an attorney for a defendant, the judge appoints ...

How do judges determine indigency?

Judges determine indigency according to the income and property of the defendant. Adult defendants who are otherwise indigent remain eligible for court-appointed lawyers even if they have parents or other relatives who could afford to pay for a private attorney.

Why do judges order audits?

To protect the limited funds available for court-appointed lawyers, judges sometimes order audits on the accuracy of defendants' financial eligibility questionnaires. Because these documents must be filled out under oath, defendants who make materially false claims can be prosecuted for perjury.

What is public defender?

The public defender is part of the same criminal justice community that includes the judge, prosecutor, police, and court personnel. As a result, defendants sometimes fear that a public defender will pull punches in order to stay friendly with judges and prosecutors. However, most private attorneys—not just public defenders—have regular contacts ...

Can a judge allow a defendant to pay for a lawyer?

Many states provide for partial indigency. This means that a judge may allow a defendant who exceeds the indigency guidelines but cannot afford the full cost of a private lawyer to receive the services of a court-appointed attorney. (See N.H. Rev. Stat. § 604-A:2-d; Fla. R. Crim. P. 3.111.) At the conclusion of the case, the judge will require the defendant to reimburse the state or county for a portion of the costs of representation. Typically, the reimbursement rate will be much lower than the standard hourly fees charged by private defense attorneys in that community.

Who asks the accused if they need a court appointed attorney?

The judge asks the accused whether they need a court-appointed attorney or will supply their own attorney

What are the two primary categories of law in the dual U.S. court system?

Updated June 05, 2020. Procedural law and substantive law are the two primary categories of law in the dual U.S. court system. When it comes to criminal justice, these two types of law play different but essential roles in protecting the rights of individuals in the United States.

What is procedural law?

Procedural Law. Procedural laws govern how court proceedings that deal with the enforcement of substantive laws are conducted. Since the primary objective of all court proceedings is to determine the truth according to the best available evidence, procedural laws of evidence govern the admissibility of evidence and the presentation and testimony ...

What are the laws of criminal justice?

While each state has adopted its own set of procedural laws, usually called a “Code of Criminal Procedure,” basic procedures followed in most jurisdictions include: 1 All arrests must be based on probable cause 2 Prosecutors file charges that must clearly spell out what crimes the accused person allegedly committed 3 The accused person is arraigned before a judge and given the opportunity to enter a plea, statement of guilt, or statement of innocence 4 The judge asks the accused whether they need a court-appointed attorney or will supply their own attorney 5 The judge will either grant or deny the accused bail or bond and set an amount to be paid 6 An official notice to appear in court is delivered to the accused 7 If the accused and prosecutors cannot reach a plea bargain agreement, trial dates are set 8 If the accused person is convicted at trial, the judge advises them of their rights to appeal 9 In the case of guilty verdicts, the trial moves to the sentencing phase

What is the procedural system of sentencing?

The procedural laws of some states provide for a bifurcated or two-part trial system in which sentencing is conducted in a separate trial held after a guilty verdict has been reached. The sentencing phase trial follows the same basic procedural laws as the guilt or innocence phase, with the same jury hearing evidence and determining sentences. The judge will advise the jury of the range of severity of sentences that may be imposed under state law.

What is substantive criminal law?

In comparison to procedural criminal law, substantive criminal law involves the “substance” of the charges filed against accused persons. Every charge is made up of elements, or the specific acts that amount to the commission of a crime.

How do federal judges determine sentencing?

In the federal courts, judges themselves impose sentences based on a more narrow set of federal sentencing guidelines. In determining an appropriate sentence, the judge, rather than a jury, will consider a report on the defendant’s criminal history prepared by a federal probation officer as well as evidence presented during the trial. In the federal criminal courts, judges use a point system based on the defendant’s prior convictions, if any, in applying the federal sentencing guidelines. Federal judges do not have the leeway to impose sentences more or less severe than those allowed under the federal sentencing guidelines.