Prosecution Versus Defense

1 January 2017

There are important people in the adversarial system used through the United States. The defense counsel referred to as the defense attorney, renders services on behalf of the indicted and exhibits legal defense for the client, and search for legal justification when appropriate. The other half of the defense counsel is the prosecutor. Prosecuting attorneys is an agent for the public, preferably not individualized people, and in extent is accountable for providing and introducing the state case facing defendants in criminal and civil court (Meyer & Grant, 2003).

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The function of the prosecutor basically rotates around ensuring that guilt does not go unpunished, the task of the defense attorney surrounds the need to ensure that the legally innocent are not found guilty and that the authority of the state has an adversarial counterpart to make sure some level of honesty is represented for individuals. Both the prosecutor and the defense attorney are competent of handling ample discretion within their proper duties. The prosecutor could be considered to have appropriate capabilities at their availability which feature fewer restrictions compared to the discretional capabilities of the defense attorney.

The prosecutor handles abundant discretion in deciding whether to originally go after a case and immediately charge the accused. They may find what to offer the defense when a plea bargain is settled and have the power to drop and re-file charges when it is appropriate to do so. Prosecutors may be engaged in horizontal prosecution or where there are several prosecutors may be assigned to the case throughout each legal stage, or vertical prosecution, where there will be a single prosecutor following the case through each legal stage (Meyer & Grant, 2003).

There are many parts to the duties of the defense attorney. While representing the accused throughout the case, they may engage in diverse activities which may eventually affect the end result of the case. Some activities include legally advising the defendant on what course of action they should take so to have a satisfactory verdict, representing their client at court appearances, keeping client-attorney confidentiality and also important getting ready for their client defense.

The prosecution has the task of proving the guilt of the defendant beyond a reasonable doubt, and the defense is not required to construct a defense usually do so (Meyer & Grant, 2003). The prosecutor has more paperwork than the defense attorney. The prosecutor works more closely with law enforcement when gathering details and evidence for the case against the accused.

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