Prosecution Versus Defense Paper
There are many differences between a defense counsel and
a prosecutor. A prosecutor has many influencing powers under the prosecutorial
discretion, while the defense counsel have to represent an accused's rights.
The interactions between the defense counsel and the prosecution exist
characterized by conflict. However, this does not exclude the chance of working
together to create a settlement between the two.
A defense counsel is critical for those who are accused
of crimes for the practice of an individual's constitutional rights. These
defense attorneys have a critical role in the implementation and interpretation
of the accused's rights. Defense attorneys must attempt to reconcile claims on
their time, attention, and loyalty. Some of their actions may also cause
problems, especially when his advocacy on behalf of a client may conflict with
the expectations, that citizens perceive, of being an officer of the courtroom.
(Meyer & Grant, 2003)
Under the prosecutorial discretion, the prosecutor has
the flexibility to choose among other possible courses of action. This means
that he also gets the chance to decide on what to do in a particular case. The
prosecutor can also decide whether to file charges, the number of charges, and
what specific charges. Another key discretion that the prosecutor has is the
ability to make an offer to the defense as a plea bargain or ask the court to
dismiss the charges. (Meyer & Grant, 2003)
Even though the defendant is not required to present any
defense, the prosecution has the legal burden of proving the accused's guilt.
The prosecutorial discretion may also influence the flow of cases in the court
system, since they operate with comparatively few legal constraints on their
decisions. In fact, over the past years, judge's discretion in sentencing was
drastically reduced since the advent of mandatory sentencing rules. (Meyer
& Grant, 2003)
Prosecutorial discretion is necessary to tailor the legal
response for the case. Prosecutors must also determine which statutes are
applicable based on the facts of any case. The defense counsel, on the other
hand, represent individuals who are facing criminal law charges. There job does
not require them to determine an individual's guilt, that is up to the judge
and the jury. (Meyer & Grant, 2003)
References
Meyer, J. F., & Grant, D. R. (2003). The courts in our criminal justice system. Upper Saddle River, NJ: Prentice Hall.
Meyer, J. F., & Grant, D. R. (2003). The courts in our criminal justice system. Upper Saddle River, NJ: Prentice Hall.
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