How does the role of defense counsel differ from that of the prosecuting attorney contained by an adversarial system?
Answers:
Everything. The big thing is that the Defense with the sole purpose has to be an advocate for their client. That funds that they have to do everything in their power (that is not proscribed by ethical rules) to win the shield. On the other hand, Prosecutors have to be advocate and ensure that justice is done.
They're opponents.
The big difference, of course, is that the Prosecutor have to prove his case.
The defense doesn't - all he have to do is persuade the jury that the prosecution did NOT prove their case - the defense have nothing to prove.
Richard
A defense attorney advocates for his/her client. It is their duty to assure the fact that the best possible defense to the charges file by the DA are issued for his/her client. The constitutional rights of the accused are paramount and our system of justice call for a vigorous defense of the charges levied by the prosecution.
A prosecuting attorney is charged next to advocating for the people. His/her charge is to review cases and determine if a crime be committed and if so to file a complaint against a defendant that is fair to the crime committed. The ethical obligation of the prosecuting attorney is to neither over charge or under charge an offense and to solely accuse an individual if the facts merit the charge. In court the prosecuting attorney is expected to prosecute the charges as vigorously as they can inwardly ethical boundaries to ensure that justice for the people can be deliver. Source(s): Me, retired administration of justice, DA's bureau.
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