1. A defense counsel is a professionally trained and licensed attorney of law, whose job is to represent the defendant in the criminal justice system. Defense counsels are needed to ensure the defendant’s civil rights are protected, and to present the best case possible. They are responsible for providing the defendant with legal advice, counsel, and representation during criminal trial.
2. The priority of the defense team/attorney is to defend his client, no matter how horrific the crime or evil the defendant. “Our function is to use whatever tools are available under the law to obtain an acquittal, dismissal or the best possible outcome, whether based upon fact or law, whether capitalizing on a tactical error by the prosecution or advantage
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A prosecutor’s job is not merely to convict indicted criminals, but to seek justice as well. A prosecutor must first be satisfied by the evidence that is gathered by the police. The evidence play a huge role because it helps them decide whether they should take this case on and whether if they can present a case with the evidence gathered.
4. Both the prosecutor and defense have the responsibility to selecting the jury that will sit during criminal trial. “In most states, 12 Jurors are used in criminal matters to give a verdict in a legal case on the basis of evidence submitted to them in court” (Lee). The prosecutor’s job is to screen jurors for open or hidden prejudices before accepting them on the criminal case. They then ask the jurors as to whether they have any knowledge of the case or have had specific experiences that might cause them to be biased or unfair.
5. A plea bargain is any agreement in a criminal case between the prosecutor and defendant whereby the defendant agrees to plead guilty to a particular charge in return for some concession from the prosecutor. This may mean that the defendant will plead guilty to a less serious charge, or to one of several charges, in return for the dismissal of other charges; or it may mean that the defendant will plead guilty to the original criminal charge in return for a more lenient sentence. A plea bargain allows both parties to avoid a lengthy criminal trial and may allow criminal defendants to avoid the risk of conviction at trial on a more serious
The role of the prosecutor boils down to three main goals. The prosecutor is responsible for investigating the crime committed, decide whether or not to proceed with legal proceeding, and finally, if legal proceedings are instigated to appear in court.
A plea bargain is a negotiation between the defendant and their attorney on one side, and the crown prosecutor on the other side. A plea bargain may give the defendant a lightened sentence, in exchange for either confessing to some crimes, or giving information that is related to the offence, for example, the location of stolen goods or the names and locations of other participants, as well as their part in the offence.
The plea bargain (also plea agreement, plea deal, copping a plea, or plea in mitigation) is any agreement in a criminal case between the prosecutor and defendant whereby the defendant agrees to plead guilty to a particular charge in return for some concession from the prosecutor. This may mean that the defendant will plead guilty to a less serious charge, or to one of the several charges, in return for the dismissal of other charges; or it may mean that the defendant will plead guilty to the original criminal charge in return for a more lenient sentence
Plea bargaining is when the defendant and prosecutor negotiate an agreement between each other where the defendant pleas guilty to reduced charges.
A criminal defense attorney is a lawyer that is specialized in the defense of those who are charged with criminal conduct. Defense attorneys deal with the surrounding issues of an arrest of their clients, and the substantive issues of a crime that he or she is charged. In the United States, each individual who is brought to trail is eligible for a defense attorney, according to the sixth amendment. If an individual cannot afford an attorney, one is a pointed by the courts; these individuals are called public defenders who are employed by the government. The duties of a defense attorney, is to advocate and advice. In order, for the defense attorney to work effectively, the defendant must supply all the facts and information surrounding the case. Moreover, the defendant is protected by attorney- client privilege. Thus, any exchange information concerning the case is private and protected under the law. The criminal defense attorney role is to assist the courts with the truth-seeking process by presentation an oral argument in favor of defendant innocence. The average case calls to “advocate with courage and devotion and to render effective, quality representation” (Flower, Page 650, paragraph one). The misconceptions of a defense attorney are that she or he performs duties begrudgingly whether or not the attorney believes in the innocents of the client. The writer considers the availability of an exchange of
In criminal cases the participants are judges, prosecutors, defense counsel, the individual person accused of committing a crime, and sometimes juries. Each person or persons has their own role to play in the dispute resolution process. The prosecutor investigates facts of crime, chooses whether or not to file charges against and what charges, and they prepare a case to prove the accused is guilty. The defense counsel plays their role by trying to reduce the charges filed by the prosecutor, reduce the sentence that the defendant could get
These crimes have been deemed particularly dangerous to society because they compromise the health, well being, privacy and protection of the people of any given jurisdiction. When these crimes are committed or a person or group is accused of such acts, legal representation is the next logical step to preserve the institution of justice, protect innocent parties, and prevent the innocent among the accused from prosecution. This is why it is important to find the right lawyer. Criminal defense in the form of an experienced attorney is critical to aligning evidence, witnesses, and countering the prosecutions arguments for the sake of their client's defense, case dismissal, acquittal, lessened sentencing or rehabilitation.
Defense attorney and client are stand up in front of judge. Usually the defense attorneys plea guilty to their client and makes an arrangement with the judge. The defense attorneys sometimes present a motion to the judge that can be denied or
The plea bargain is a vital part of the criminal justice system today. Before the 1800s when an offender was caught there would be a trial and verdict. The plea bargain are for defendant 's to plead guilty to a lesser offense or to at least one charge especially if there are multiple indictments. Defendants will plead guilty in hopes of leniency, and at least 90 percent of criminal cases end in a plea bargains. A majority of criminal cases in many jurisdictions will end in a plea bargaining.
Defense attorneys are the individual's representative who argues for the protection of the citizen’s rights and also "to preserve due process and equal protection of the law" (About CACJ., n.d.). Both the district and defense attorneys’ argue in front of the judge who considers the arguments and determines whether or not the limitations of a person's rights is necessary. According to the California Code of Judicial Ethics (2016), a judge has seven responsibilities. They are required listen to the all their case, to follow the legal standards, to keep peace in their courtroom, to be patient, to work without prejudice, to keep lawyers from acting from prejudice, and to give every person their right to be
The counsel have to be in the victim side by side in any time helping him obtain his right from the case he have, in case he wasn’t understand any thing in his settlement or contract was offer for him. In some cases if the specific laws the victim need the counsel to represent them the best benefit and interest. If the other party have a counsel the victim need to have a counsel to have legal representation to make sure that all the victim need will take care of.
1. When being a prosecutor one must be un-biased despite if they already made up their mind that the accused is guilty. Therefore, we have a saying that all courts and law enforcements should abide by, which is “everyone is innocent until proven guilty.” The prosecutor’s job is to collect evidence that he or she may provide to the court to prove if the defendant is innocent or guilty.
When an individual is named as a defendant in a criminal case, he or she has a set a basic legal rights. Contained in these rights, is the representation of a criminal defense attorney. These lawyers play many various roles including the preparation of the trial in addition to the representation of the client in plea bargain negotiations. In cases where a defendant is unable to afford representation on their own, the courts will appoint them a public defense specialist.
prosecute a defendant, they have the power to acquit them. In order to maintain a free justice system, it is important for a jury to have the power to disregard the law under specific circumstances, despite the evidence
Also prior to the trial, a jury of 6 to 12 people must be selected. Each jury member must go through a screening process to ensure that they have no connection to the trial, or any preconceived opinion of it that could keep them from being impartial to either side. A juror can be removed if they have any connection to the trial, and the defense