law

Defense Attorney Vs Prosecutor

The primary differences between a defense attorney and a prosecutor are their daily schedules, approach to cases, and salary. In this article, we’ll examine some of the biggest differences between these two careers and discuss the advantages and disadvantages of each. Learn more about the duties of both types of lawyers and their job descriptions below. A defense attorney represents the interests of the accused, while a prosecutor protects the public’s safety.

Crown prosecutors represent the interests of public safety

While criminal cases can be tough, crown prosecutors represent the interests of public safety. Their job description, Crown counsel guide, and responsibilities outline the Crown’s role. Crown prosecutors are expected to act with objectivity and without animus toward a suspect. Crown counsel also represents the interests of the public. This guide can help you understand your responsibilities as a Crown prosecutor. It will also explain the delegated functions under the Director of Public Prosecutions Act.

As the representative of the state, the role of a Crown Attorney is to present evidence fairly and persuasively during a trial. They also argue for a proper verdict based on the evidence presented. Crown prosecutors are not victim’s lawyers, and may not agree with the wishes of a victim. As such, a Crown Attorney must represent the public’s interests rather than the victim’s.

They file motions for discovery

The defense is entitled to information that is relevant to the case and may require disclosure from the prosecution. Discovery requests include deposition testimony and lab reports connected to evidence. Additionally, they may request that the defendant submit to blood tests and provide handwriting samples. They are not required to turn over their entire files. There are certain exceptions to this rule. The prosecution has the right to protect attorney-client privileges, but defendants can still request the disclosure of documents.

During the discovery process, the defense attorney files motions to request that the prosecution disclose certain information or documents to the court. This is done informally, and it usually involves written requests. These requests are known as “notices of discovery.” A party can also file motions to obtain information from the other side. This process is called “pre-trial discovery.” The prosecution cannot use evidence that is not disclosed during discovery.

They try to convince defendants to plead guilty

Plea bargaining is a common tactic used by prosecutors to reduce the number of charges in a case. When a defendant is charged with several crimes, they may be able to plead guilty to one of the lesser charges rather than all the charges. These charges do not need to be identical to be considered a plea bargain. Moreover, the prosecutor may drop other charges or provide alternative sentences in exchange for a guilty plea.

However, the history of plea bargaining is hazy. Until the late 1960s, most venues considered plea bargaining inappropriate. The earliest recorded case of plea bargaining is from the colonial era when the Salem witch trials were held. Prosecutors sought to encourage confessions because they believed that these would save accused witches from execution. The most infamous example of this tactic was the Salem witch trials in Massachusetts. The Salem witch trials were largely aimed at convicting those accused of witchcraft, so the magistrates wanted to encourage these people to confess so they could testify against other accused people. Despite the Salem witch trials, the defendants pleaded guilty, saving them from the death penalty. This case illustrates the most important argument against plea bargaining in the United States.

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