Relationship between prosecution and defense

What’s the Difference between a Prosecutor and Defense Attorney

relationship between prosecution and defense

Under the US system, Prosecutor - They work for the government and The relationship between most Crowns and Defence lawyers is not at all what is seen in. Both prosecutor and defense lawyer are attorneys who participate in the trial on the criminal cases. In contrast to the defense attorney who. him/her to view them in relation to one another. negotiations between the attorneys in the case. (2) The defense counsel and the prosecuting attorney.

The district attorney is responsible for all criminal prosecutions within his jurisdiction.

Prosecutor - Wikipedia

If there is a victim in the case, as in a murder trial, the prosecutor essentially acts on the victim's behalf. Since a defendant is innocent until proven guilty, the burden of proof lies with the prosecutor. The defense represents the defendant. The defendant retains a defense lawyer or the court appoints a public defender if the defendant cannot afford an attorney.

Double Jeopardy and Appeals The prosecutor has only one shot at a conviction, while the defense conceivably has more than one shot at a verdict of not guilty. If the defense gets an acquittal in a criminal case, the prosecutor cannot seek another criminal trial due to the laws prohibiting double jeopardy. Both prosecutors and defense lawyers are the major players in the trial on criminal cases.

What’s the Difference between a Prosecutor and Defense Attorney

Whereas a prosecutor tries to show that the defendant is guilty, however, the defense lawyer tries to prove his innocence. Job Roles 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.

relationship between prosecution and defense

A criminal defense lawyer does the exact opposite. 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. Who Employs Them A prosecutor is a public officer. In KentuckyMassachusettsPennsylvaniaand Virginiacriminal prosecutions are brought in the name of the Commonwealth.

In the remaining states, criminal prosecutions are brought in the name of the State.

relationship between prosecution and defense

Civil law jurisdictions[ edit ] Prosecutors are typically civil servants who possess a university degree in law and additional training in the administration of justice.

In some countries, such as France and Italythey belong to the same corps of civil servants as the judges. They open preliminary investigations and can hold a suspect in custody for up to 24 hours. With a judge investigating, Crown prosecutors do not conduct the interrogatories, but simply lay out the scope of the crimes which the judge and law enforcement forces investigate la saisine. Like defense counsel, Crown prosecutors can request or suggest further investigation be carried out.

The Crown prosecutor is in charge of policy decisions and may prioritize cases and procedures as need be. During a criminal trial, prosecutors must introduce and explain the case to the trier of fact, i. They generally suggest a reasonable sentence which the court is not obligated to follow; the court may decide on a tougher or softer sentence. Crown prosecutors also have a number of administrative duties. They may advise the court during civil actions.

Under Belgian law, judges and prosecutors are judicial officers with equal rank and pay.

Comparison of a Defense Lawyer & a Prosecutor

There are also military prosecutors whose career, although linked to the federal prosecutors, is divided in a manner similar to state prosecutors. In Brazil the prosecutors' main job is to promote justice, as such they have the duty of not only trying criminal cases, but, if during the trial, they become convinced of a defendant's innocence, requesting the judge to acquit him. The prosecutor's office has always the last word on whether criminal offenses will or will not be charged, with the exception of those rare cases in which Brazilian law allows for private prosecution.