Prosecutor vs Defense

A prosecutor and a defense attorney are different in a lot of ways. In all cases, the prosecution is the lawyer that acts on behalf of the state and victim(s) in a case. The defense counsel is the lawyer who represents the party being accused in the legal matter that they are charged in. Both are present in court and debate back and forth against the evidence being presented, proving that the defendant is to be found guilty or innocent.

One major difference is that the prosecution is to seek justice, not just to convict for the state or victim. 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 instance, the prosecution may have to conduct some of the investigation; and question possible jurors and witnesses. They are also able to make deals with the defense.

At the end of the day, the prosecution’s number one concern is to punishing people who commit crimes, so that they can protect innocent, law-abiding citizens. The defense’s number one obligation is to protect their client’s rights and prove them innocent. In order to do this, they must ensure their client is fully aware of his or her rights. The defense has the authority to challenge the prosecution’s case on behalf of their client. There are major contrasts when looking at prosecutorial and defense discretion.

The prosecution has a large amount of power concerning the flow of a case. The prosecutor controls the flow of the cases by deciding which ones are ready for trial, which ones need more investigation, and in which cases there is enough evidence to convict. They also decide which cases to plea bargain. Unlike the defense, decisions made by the prosecution account for a large portion of cases taken into the courts. The prosecution discretion allows them to play apart in what charges will be brought against the defendant, and whether there is enough evidence to charge them.