Prosecution vs. Defense
Posted July 30th, 2021 by Anthony Carbone.
Categories: Criminal Defense.
The form in which case theories are formulated is one of the pillars of criminal law. Whether or not a jury is involved, one thing remains constant; prosecution and defense are both presents. Usually, the prosecutor operates for the district attorney. As a result, the prosecutor is a state employee.
A defense lawyer, on the other hand, works in the protection of his or her client. Many criminal lawyers work for law firms, each with a unique skill set or field of specialization. At times, the state appoints public defenders to cases, but they work independently for the most part.
Both the prosecutor and defense make opening remarks, interview witnesses, raise objections, cross-examine witnesses, and make closing statements. The distinctions between the prosecution and defense are critical and are part of the legal system’s foundation for criminal proceedings. For a closer insight into prosecution vs. defense, the Law Offices of Anthony Carbone outlines the following:
Functions
In most felony cases, the lawyer represents the district attorney’s office. All criminal cases under the district attorney’s jurisdiction are his/her responsibility. The prosecutor tries to persuade a jury or judge to convict the accused, also recognized as the defendant, by presenting an argument that would persuade them of the defendant’s guilt. In cases where there’s a victim, for instance, murder trial, the prosecutor works on behalf of the victim.
Because a defendant is presumed innocent unless proven guilty, the prosecution bears the burden of proof. The defense represents the defendant. If the defendant cannot afford a lawyer, the jury will assign a public defender on his or her behalf. The defense aims to counter the prosecutor’s arguments by highlighting beyond reasonable doubt the defendant’s innocence.
Appeals and Double Jeopardy
The prosecution got only one chance to get a conviction, whereas the defense may have more than a single chance to get a not guilty verdict. Thanks to laws banning double jeopardy, the prosecution cannot pursue another jury trial when the defense receives an acquittal in their criminal case. If the criminal trial results in a guilty verdict, the defense has options for appealing the conviction. The appeals procedure can include many appellate courts, and the procedure can be lengthy. However, the defense can theoretically obtain a retrial.
Initial Strength
The prosecution has a slight advantage over the defense at the start of a court case. By claiming that their argument is so solid that a trial will eventually result in a guilty verdict, the prosecution can instill some doubt in the defense at this beginning stage.
The prosecution to the defense may offer a plea bargain or plea deal. This gives the accused the option of pleading guilty to the entire charge or a misdemeanor charge. The defendant will escape a trial and obtain a more lenient penalty for doing so.
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