What is the difference between a prosecution and a defense attorney?

The prosecution and defense attorneys play different roles in a criminal case in California. Prosecutors, who work for the state government, are responsible for initiating charges, presenting evidence to the court, and ensuring the defendant receives a fair trial. Defense attorneys, who are hired by the accused person, are tasked with creating a strong defense that raises doubts about the prosecution’s evidence. Prosecutors must prove “beyond a reasonable doubt” that the defendant is guilty, while defense attorneys must use their knowledge and experience to show reasonable doubt. To do this, defense attorneys will cross-examine witnesses, present evidence to counter the prosecution’s case, and may even challenge the credibility of the evidence. A prosecutor can also act as the representative of the state’s interest in the case, which means they may act as the prosecutor even if there are no criminal charges. On the other hand, a defense attorney must always represent the defendant’s interests and cannot be pressured by outside parties. Defense attorneys also advise their clients on the best course of action, whether it is a plea deal or going to trial. They will help explain the risks and benefits of either option and make sure the defendant understands their rights under the law. In contrast, prosecutors are only concerned with the conviction and the best possible outcome for the state.

Related FAQs

What are the elements of a crime?
What is the role of the United States Supreme Court in criminal cases?
What are the constitutional rights of suspects in criminal cases?
What is the process of lineups, interrogations, and confessions in criminal proceedings?
What is the process of a jury trial in criminal cases?
What is the role of the police in criminal investigations?
What are Miranda warnings in criminal procedure?
What is the exclusionary rule in criminal procedure?
What is the purpose of an insanity defense?
What is the difference between voluntary and involuntary manslaughter?

Related Blog Posts

An Overview of Constitutional Protections in Criminal Procedure - July 31, 2023
The Requirements and Benefits of Proper Criminal Procedure - August 7, 2023
Understanding the Right to Remain Silent in Criminal Procedure - August 14, 2023
What You Should Know About the Exclusionary Rule in Criminal Procedure - August 21, 2023
A Look at the Role of Probable Cause in Criminal Procedure - August 28, 2023