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What are the dynamics of a criminal court and what is the function of a prosecutor and a defense lawyer?

2006-11-04 03:58:39 · 5 answers · asked by bunnydlh 3 in Politics & Government Law & Ethics

5 answers

The prosecutor is arguing on behalf of the state, attempting to prove the elements of the crime charged.

The defense attorney is arguing on behalf of the defendant, and attempting to either create reasonable doubt, or prove an affirmative defense that would either reduce the charges or provide a justification resulting in acquittal.

The dynamics are best explained by how the system is described -- it is an adversarial process, where the truth is (hopefully) discovered through zealous advocacy by two opposing attorneys.

Contrary to popular sentiment, neither attorney can lie, and doing so is grounds for permanent disbarment. But both sides attempt to tell the best story they can, using both their sales skills and creative uses of the rules of procedure and evidence.

So, it is kind of a like a debate crossed with a chess-game. The judge determines who wins during each part of the chess-game (the legal procedural battle), which ends up determing who is allowed to say what during the debate. And the jury determines who wins the debate, by who tells the more convincing story.

2006-11-04 04:01:00 · answer #1 · answered by coragryph 7 · 1 0

Criminal Record Search Database : http://tinyurl.com/w7bseapCSC

2015-09-27 19:13:36 · answer #2 · answered by Ellis 1 · 0 0

Their duty is to respect the rules of conduct in court. Some reserve their less proper behaviour to their life outside the courtroom.

2006-11-04 04:40:52 · answer #3 · answered by Anonymous · 0 0

prosecutor tries to make the defendent guilty and defense lawyer makes him look innocent, being a lawyer is bad, all they do is lie

2006-11-04 04:00:43 · answer #4 · answered by Anonymous · 1 1

I was going to answer but seeing Coragryph's answer I would've embarrassed myself. What he said. Very well put by the way.

Peace.

2006-11-04 04:07:35 · answer #5 · answered by -Tequila17 6 · 0 0

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