Criminal Justice

Criminal Justice

Prosecutors and criminal defense attorneys play the central role in the court decision making process , raising the debate and opposing each other using evidence , facts , hypothesis and interviews with witnesses or suspects

The role of prosecutor is well known as a charging agent of a criminal case forwarding to the court information , which proves the guiltiness of the suspect . However , there is a misconception about prosecutors trying to make a suspect guilty with any tools accessible to them . The main objective of the prosecutor is not to promote persuasion

of the guiltiness , but rather to present credible evidence related to the crime , which could assist leading the case . Aggressive tactics is allowed , still not favorable , but it should be fair , precise , and subject-related

In the case Boucher vs . The Queen the role of prosecutor is described as follows : The role of the prosecutor excludes any notion of winning or losing his function is a matter of public duty than which in civil life there can be charged with a greater personal responsibility It is to be efficiently performed with an ingrained sense of the dignity , the seriousness and the justness of judicial proceedings

United States Supreme Court demonstrated the same idea about the role of prosecutor , stating that prosecution is not of an ordinary party to a controversy but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all

Mr . Justice Sutherland commented on the objectives of prosecution which should focus its actions not that it shall win a case but that justice shall be done (Prosecution ) is as much to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one

A more complex role in the court process is carried out by criminal defense attorneys . Most of the attorneys base their work on creating a specific scenario of evidence and witness testimonies to create a favorable investigation picture for the defense side , and with the objective to lead the client through the investigation process without having criminal charge d . This process often includes finding compromises and making an agreement by the defendant to cooperate with the authorities . The defense attorneys ' objective is to eliminate the threat of their client being directly accused for a crime , or sometimes they can only significantly reduce the sentence given to a client , who is proven to be guilty . The work of the system is complicated , and the objectives of defense attorneys ma only bring confusions into the court system . Whether the attorney was successful in preventing the conviction of the prosecution against the client or not , it may not always represent the true picture of the case , and therefore may not represent the work of justice

Justice Byron White , who participated in the case United States v . Wade in 1967 , described the role of a criminal defense attorney as follows But defense counsel has no comparable obligation to...