Difference between revisions of "The Role and Responsibility of a Criminal Defense Lawyer"

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== Importance of A Defense Lawyer In The Criminal Justice System ==
 
== Importance of A Defense Lawyer In The Criminal Justice System ==
  
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The American criminal justice system is viewed as a three part system consisting of the judge and jury, the prosecutor and the defense lawyer.  Each part of this system has a specific role.  The judge's and jury's role is to render an impartial decision based solely on the facts presented and the laws applicable to the charged offense.  In order to decide impartially, the judge and jury must be able to hear arguments from both sides.  The prosecutor's role is to argue the side of the state that seeks to prove the defendant is guilty of the crimes charged.  The defense lawyer's role is to argue on behalf of the defendant.  In the American system, the defendant has no burden of proof.  That is, the defendant need not prove his innocence.  It is enough simply to point out ways in which the state has not established guilt (e.g., an eyewitness has poor eyesight or an accuser has a motive to lie).   
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The criminal justice system is viewed as a three part system consisting of the judge and jury, the prosecutor and the defense lawyer.  Each part of this system has a specific role.  The judge's and jury's role is to render an impartial decision based solely on the facts presented and the laws applicable to the charged offense.  In order to decide impartially, the judge and jury must be able to hear arguments from both sides.  The prosecutor's role is to argue the side of the state that seeks to prove the defendant is guilty of the crimes charged.  The defense lawyer's role is to argue on behalf of the defendant.  The defendant has no burden of proof.  That is, the defendant need not prove his innocence.  It is enough simply to point out ways in which the state has not established guilt (e.g., an eyewitness has poor eyesight or an accuser has a motive to lie).   
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The American criminal justice system recognizes that in a criminal proceeding the state is asserting its ultimate authority over a single civilian.  The use of this authority is carefully watched and different safeguards are in place to prevent abuse of the state's power.
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in the American legal system, and must show that a defendant is guilty beyond a reasonable doubt of the crimes he is charged with.   
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The criminal justice system recognizes that in a criminal proceeding the state is asserting its ultimate authority over a single civilian.  The use of this authority is carefully watched and different safeguards are in place to prevent abuse of the state's power.
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Safeguards, however, are useless without someone to police them. In the American criminal justice system, that is the job of the defense lawyer.  
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Safeguards, however, are useless without someone to police them. This is the job of the defense lawyer.  
  
  
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* The defense lawyer can seek the temporary release of the defendant through bail, allowing the defendant to better assist in the preparation of a defense.
 
* The defense lawyer can seek the temporary release of the defendant through bail, allowing the defendant to better assist in the preparation of a defense.
 
* The defense lawyer can negotiate with the prosecutor to have charges reduced or even dropped.
 
* The defense lawyer can negotiate with the prosecutor to have charges reduced or even dropped.
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In addition, the defense lawyer is able to counsel the defendant on different strategies and arguments that can be used in the case as well as the benefits and drawbacks for each one.
 
In addition, the defense lawyer is able to counsel the defendant on different strategies and arguments that can be used in the case as well as the benefits and drawbacks for each one.
 
* The defense lawyer works with the defendant and other witnesses to understand the defendant's version of events and to determine an appropriate defense (e.g., alibi, self-defense, misidentification).
 
* The defense lawyer works with the defendant and other witnesses to understand the defendant's version of events and to determine an appropriate defense (e.g., alibi, self-defense, misidentification).

Revision as of 10:12, 8 April 2010

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