Fluent Essays

1. A main similarity between the prosecutor and the defense attorney would be their position in the court and their objective. Their objective is to seek justice. The prosecutor seeks justice for the community while holding people accountable to the law and the defense attorney is to seek justice for their client. Both are held to a standard in order to act on the best interest to whom ever they represent. Both prosecutor and defense attorney are expected to be officers of the court and zealous advocates. Another similarity between the two is under 3-1.2e where both are required to know and understand alternatives to prosecution and/or conviction that would appropriately assist the process and benefit the individuals and community involved in the case. This standard goes on to say that both the prosecutor and defense attorney should be adamant about helping the community and using their knowledge and position to minimize crime in the community however they can.Both attorneys must be able to fairly and appropriately represent their client in a professional manner. Diligence, punctuality and professionalism must be of great importance to an attorney in order to provide the best counsel they can. Have knowledge of the law and have the ability and knowledge to recommend alternatives to clients. Attorneys are expected to be able to socialize and help the community and making an effort to be community leaders and innovators. Having both discretion and candor is necessary along with the knowledge of right and wrong (lawful or unlawfully) and the ability to act just according to this knowledge. The prosecutor and defense attorney are expecting to not only understand the community they represent but the crime and the knowledge of issues happening among the community to best represent them.  2. The Role of the Prosecutor in a criminal trial is to prove beyond a reasonable doubt and convince the trier of fact that the defendant is guilty. The prosecution represents the state or government at trial and handles all appeals of verdicts. Prior to trial, the prosecution seeks arrests or search warrants only with probable cause. They also disclose all useful evidence to the defense (mandatory under discovery). Prosecutors also prevent undue publicity and insure constitutional safeguards are followed. Prosecutors also assist police to insure proper warrants are issued and used, determine if any act committed is or is not a crime, and help train law enforcement officers in matters of the law. Prosecutors also prepare for trial in two distinct ways, for minor cases such as traffic tickets, they generally only read police reports or review body worn camera footage. For major cases, prosecutors also interview witnesses, review all evidence, determine the likelihood of a conviction, look at level, number, and types of charges, and determine if a plea bargain is appropriate. The role of the defense attorney is to bear the burden of persuasion, to show the triers of fact the prosecution has failed to prove guilt beyond a reasonable doubt. Defense attorneys can raise affirmative defenses such as self defense, duress, intoxication, entrapment, or insanity. Defense attorneys can also attack the constitutionality of how evidence was obtained. Defense attorneys are guaranteed to defendants under the Sixth Amendment, if counsel is ever denied to a defendant, any conviction will automatically be reversed. Defense attorneys must be reasonably competent, if a defendant cannot afford an attorney, the state must compensate for one. Private defense attorneys sometimes handle a dozen serious cases at a time, sometimes 60 to 100 felony cases on their plates. However almost 96\% of trials end in pleas. The responsibility of the defense attorney is to insure due process of the law is being upheld,  protecting the defendant from illegal searches and confessions, and cross examine hostile witnesses. Defense attorneys also must practice in accordance with the American Bar Association’s code of ethics which discourages engaging in or promoting fraud, filing or seeking frivolous claims, and  presenting false evidence to the court. Similarities between the roles and functions of both the prosecutor and defense attorney include both having successfully passed law school and are bar certified. Both must uphold the constitution in defense of their clients. Most importantly, both must possess knowledge of how the opposing counsel operates in order to promote a fair and just procedure. Both counsels should also know that in a criminal trial, “the defendant has certain constitutional rights which preclude the defense attorney from divulging information which the prosecutor could be disbarred for withholding. Not only are defense attorneys precluded from full disclosure, they also have a discretionary privilege of withholding certain types of information which prosecutors must disclose” (Dekle, 2007).  3. A major similarity of a prosecutor and defense attorney is that both parties seek justice. While the prosecutor seek justice for the defendant being held responsible for the crime that he or she is accused of, the defense attorney seek justice in proving that their client is innocent of the alleged crime. In the court of law, both the prosecutor and defense attorney must abide by ethical standards. The prosecutor has an ethical standard of treating the accused in a lawful manner and is forbidden from any unethical practices such as prosecuting an innocent person if there is clear evidence that the individual is innocent. A defense attorney also has ethical standards because they must provide their client with due diligence when serving as their attorney. A prosecutor and defense attorney must follow the guidelines of case law and if it determined that, they have engaged in any unethical practices he or she can be penalized up to losing their licenses. Lastly, both a defense attorney and prosecutor has several years of educational experience and had to pass a major examination in order to obtain their license to practice law in their jurisdiction. Both defense lawyers and prosecutors are two of the major players in the trial on criminal cases. A defense attorney has the responsibility of proven his or her client is innocent, whereas a prosecutor tries to show that the defendant is guilty. It is the responsibility of the prosecutor to prosecute individuals who are charged with a crime. When an individual is charged with a crime, the prosecutor has the responsibility of gathering evidence about the crime, and deciding whether there is enough evidence to prove the case, then persuading the jury that the defendant is guilty based on that evidence. 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. Both a defense attorney and prosecutor must have knowledge of statutes and laws. They both must know how to conduct themselves in a courtroom as well as how to appropriately question defendants and victims. Lastly, both a defense attorney and prosecutor must have a great understanding that the judge in the courtroom is the leader in the courtroom and they must understand how to respond to and respect the judge when he or she is speaking. 4. Both prosecutor and defense attorney have certain standards they are held to. Written in ABAs professional rules of conduct they must act in a professional manner, and must fairly represent their client within the bounds of the law simply they cannot try to prove someone guilty or innocent they must follow what the law states and make their case based off of that. Another standard would be the use of language they are expected to perform professionally in all stages. Another similarity would be both prosecutor and defense attorney must be knowledgeable about prosecutional convictions and for the defense how to acquit a defendant. Both should also seek to reform and improve the administration of the criminal justice system whenever there is an injustice in substantial or procedural law. Both should also look at alternatives to detention or prosecution the less people put in jail the easier it is on the correctional system. Knowledge both attorneys must have are the educational requirement to become an attorney and the basic standards and practices with being an attorney, both must pass the bar exam, and both must use their knowledge of the law to and their skills with evidence and analysis to argue their side to the best of their ability.  5. There are many similarities between prosecutors and criminal defense attorneys. As an example, both of them work in the same court system and have essentially the same education. One of the biggest differences is whom they represent in court. The prosecutors and defense attorneys often disagree in court, even when they need to come to an agreement. A law degree is required for both prosecutors and defense attorneys before becoming attorneys. Graduates from undergraduate programs must complete three years of law school. As part of the law school coursework, students are exposed to a wide range of areas of the law. As the last step to becoming a licensed attorney in their state, prosecutors and defense attorneys must pass a bar exam. It is possible for prosecutors and defense lawyers to negotiate sentencing terms. When a client pleads guilty without going to trial, for example, the sentence may be shortened. A defense attorney represents the accused only. As public defenders, they may represent the government.  Everyone has the right to legal counsel; public defenders can be hired by those without the financial resources to hire one. A defense attorney can also work for the defendant in the private sector if the defendant hires the attorney himself. Lawyers can use a limited number of imperative challenges to reject potential jurors without giving a reason for doing so in a criminal trial jury selection. The prosecution and defense can remove potential jurors they dont want on the jury. Due to the fact that peremptory challenges do not require lawyers to give reasons, it is possible that advocates may use these challenges on the basis of a characteristic like race. Prosecutions and defense attorneys have unlimited opportunities to challenge jurors. A lawyer who wants to remove a juror must indicate there is a reason for thinking hell be unable to reach a fair verdict using the cause challenge. Both prosecutors and defense attorneys must be able to effectively communicate to be able to successfully defend or prosecute a client and win a case. Both need to be able to keep their composure when they are in highly stressful situations and not let their emotions affect their cases. Both prosecutors and defense attorneys need to have a good memory so they can recall details and evidence of a case. Other skills both need to possess are analytical skills, problem-solving skills, and critical thinking skills.