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Prosecution vs. Defense

In this article we are going to compare and contrast the Prosecution attorney and the Defense attorney. Now I am aware that with conjectural wisdom we can derive from television and/or court room dramatized movies, that we are usually led to believe that all lawyers or attorneys are liars in some way shape or form, or that defense attorneys are only there to see that guilty men or women go free, but this is simply not the case and as we go on we will clean up this misconception of what attorneys are and the role the play in the criminal justice system.

The Prosecuting Attorney and the Defense Attorney both play very different roles in the courtroom, but both roles are very vital in the outcome of the accused on trial. Both of these attorneys responsibilities are to display their legal skills out on the table and both are responsible for using these skills to protect, defend, and uphold justice, but the contrast is that these attorneys manage these responsibilities from very different perspectives. 

            Each attorney acts as a “spokesperson” if you will, one for society and the other for the individual on trial. By having this type of civil war between both “spokespersons” it is beneficial to providing balance to the conflicting rights of society and the individual. The main weapon in this “war” that the prosecution holds is the presentation of evidence, but the weapon of the defense attorney is the ability to challenge the evidence presented. By displaying this legal “dramatized war” in front of a jury ensures that the rights of the community and the rights of the individual are both achieved and not overlooked.

            The prosecuting attorney and the defense attorney are also members of a very involved legal community. They both interact frequently on many levels and for many reasons. Very considerable informal communication (sometimes more argumentative out of the courtroom then in the courtroom) occurs quite frequently in the processing of a case, and it has been said that “many issues are resolved in the hallways as in the courtroom”. It is in this time period where client confidentiality is highly important  and these conversations are to primarily inform each other one what the other has or does not have, but never leaking out sensitive information. 

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