Prosecution versus Defense

Tracy Price

CJS/220: INTRODUCTION TO CRIMINAL COURT SYSTEM

August 4, 2011

Patrick Coughlin, Faculty

Axia College of University of Phoenix

Criminal cases require the involvement from three individuals: the judge or

judicial authority, counsel for the prosecution known as the prosecutor, and

counsel for the accused known as the defense. Although the judge or judicial

authority is important this essay will only discuss the role of the prosecution in

comparison and contrast to the role of the defense counsel. It will also discuss

prosecutorial discretion and how it affects the course of cases in the legal

system.

While both the prosecution attorney and defense attorney are both people

who have studied law and are considered lawyers their roles in the legal process

are very different. In all cases the prosecution is the party that acts on behalf of

the state (public) and victim or victims in a case. The defense counsel is the

lawyer who represents the accused party in the legal matter that he or she is

charged in; against the state. The one major difference is that the prosecution is

to seek justice, not merely to convict on behalf of the state or victim. While the

defense is usually hired by the accused and act on behalf of the accused. In any

legal matter both of these sides have equal rights.

Both the prosecution and the defense serve many functions throughout the

legal process. For example, the prosecution may have to conduct some parts of

the investigation; and question possible jurors and witnesses. They also have the

authority to make deals with the defense (plea bargain). In all cases the

prosecution number one concern is to protect the innocent and ensure the guiltily

is convicted. While the defense number one obligation is to protect their client's

rights. In doing this they must ensure their client is fully aware of his or her rights.

The defense has the authority to challenge the prosecution case on behalf of

their client.

There are major contrast when looking at prosecutorial discretion and

defense discretion. The prosecution has a great deal of power concerning the

flow of a case. Unlike the defense, decisions made by the prosecution account

for a large portion of cases taken into the courts. The prosecutor is usually

involved in cases from start to finish. Because they are so involved the

prosecution has more knowledge about the investigation conducted by police

than the defense. The prosecution desecration allows them to play apart in what

charges will be brought against the accused, and whether there is enough

evidence to charges the accused. The quality and efficiency of the whole system

is shaped in great measure by the manner in which the prosecution exercises his

or her broad discretionary powers (ccj.sagepub.com).

Reference

Life or Death Decisions: Prosecutorial Power vs. Equality of Justice; By

Susan L. Caulfield; Copyright2009, SAGE Publications; Retrieved from (ccj.sagepub.com)