The Criminal Attorney: Serving The Justice System

Though under-appreciated (until you find yourself in need of one)

, the criminal attorney serves the role as one of the cornerstones of the justice system in America. Without them, trials would be little more than a rubber stamp. Prosecutions and police would run amok, with no counter balance to their legal maneuvering. It can even be seen today, as prosecutors with dedication go up against public defenders with an endless roster of clients or defendants who choose to represent themselves. The results are rarely pretty and the jury seldom gets a true picture of both sides of the story. While miscarriages of justice can certainly occur even with the best defense lawyer sitting at the table, the odds are somewhat evened. Here's a look at one of the most important roles in the court.

Relevance

Until there comes a time when lie detectors are infallible, our entire lives are filmed, and juries become obsolete, the criminal attorney will always be a relevant and important part of the justice system. Perhaps the most important statement before a trial is the admonishment given to the jury that the "defendant is to be considered innocent until proven guilty." The burden of this proof is on the prosecution. The defense has to prove nothing. An individual has a constitutional right to due process, and having a defense lawyer is an integral part of that right.

Their Role

The primary role of the criminal attorney is to act as legal representation of those who have been accused and charges with a crime. The process from there will generally take one of two routes. The defendant will ask for a plea bargain, in which case they may receive a lighter sentence for their willingness to admit culpability, or a trial, in which the prosecution will have to prove their case in front of a judge or jury. A good defense lawyer will be an important part of either path. They should be experts at both arguing for the best deal possible for their client as well as presenting a coherent and effective defense in court.

The Trial

During a trial, the criminal attorney will have one duty above all others: introduce the concept of reasonable doubt into the case. If a prosecutor was allowed to get up in front of the jury, argue, and interview witnesses without the interruption, objections, cross examination, and counter arguments from the other side, every case would be a slam dunk. Anyone can make an argument sound believable when no one takes the opposite side. The defense does just this, however, and if reasonable doubt can be raised in the prosecution's case, the jury should find the defendant not guilty.

by: Aloysius Aucoin

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