Prosecution versus Defense - defence has to show that there...

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Prosecution versus Defense A prosecutor has an obligation to "seek justice." Defense counsel has an obligation to seek the goals selected by the client. The prosecutor represents the state and defence counsel represents an individual. A defense attorney’s role in the court room is to provide legal counsel to client, argue for legal innocence of their client, search out violations of the defendant’s rights, and argue for reduced penalties in some cases. The defence has to be shown all the evidence held by the prosecutor prior to trial. The defender only has to show what he needs for the defence once the trial starts. The prosecutor has to prove the states case the defense. only has to show reasonable doubt therefore the prosecutor. has to prove to a far higher degree of certainty that the accused committed the crime than the
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Unformatted text preview: defence has to show that there is reasonable doubt that the accused didn't commit that crime. A prosecuting attorney represents society, rather than individual victims, and in that capacity is responsible for preparing and presenting the state’s case against defendants in criminal and civil cases. Society is viewed as the injured party in prosecutions against those accused of crimes; a crime against one person is considered a crime against all. Because of this and the need for centralized power to assess and prosecute cases, this function is vested in the state. In this sense, then, the prosecutor does not have a “client,” because he or she is representing the interests of all members of society...
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This note was uploaded on 11/11/2010 for the course CRIMINAL J cjs 250 taught by Professor Nunly during the Fall '10 term at University of Phoenix.

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