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The Prosecution and the Defense Essay

  • Submitted by: cedcjlfob
  • on January 7, 2009
  • Category: Social Issues
  • Length: 495 words

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Below is an essay on "The Prosecution and the Defense" from Anti Essays, your source for research papers, essays, and term paper examples.

The prosecution and the defense both play very important roles in the criminal justice system. The prosecution is responsible holding criminals accountable for their actions. Whereas the defense is responsible for ensuring the defendant gets a fair and speedy trial.
The prosecution investigates violations and works with law enforcement officers during the investigation. They let them know if there is enough information and evidence to charge a suspect with the crime. They also determine what charges will be filed against the offender, interview witnesses, review search warrants, and subpoena witnesses. In preparation for trial should a plea bargain not be offered or accepted. When and if the case goes to trial, they represent the government in pretrial hearings and motion procedures, enter into plea-bargain negotiations with the defendant and his or her counsel. The prosecutor will try the actual case, make sentence recommendations, upon the defendant being found guilty, and represent the government in appellate court, should an appeal be filed. The burden of proof rests on the shoulders of the prosecution.   The prosecution must prove to twelve jury members, beyond a reasonable doubt, that the defendant committed that crime.
It is the defense attorney's responsibility to investigate the incident, interview the client, the law enforcement officers, and the witnesses, and must also discuss the matter with the prosecutor. All in order to gather information, looking for fault in the investigation, or some other means of getting his or her client off. The defense will represent the defendant at the numerous pretrial procedures such as arrest, interrogation, lineup and arraignment. The defense attorney may enter into plea negotiations with the prosecution. If no plea agreement is offered or taken, he or she will prepare the case for trial, including developing tactics and strategies, filing and arguing legal motions with the court, and representing the defendant at...

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"The Prosecution and the Defense". Anti Essays. 13 Dec. 2018

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APA Citation

The Prosecution and the Defense. Anti Essays. Retrieved December 13, 2018, from the World Wide Web: http://cassandralynndesignllc.com/free-essays/Prosecution-Defense-239530.html