What is the difference between Defence and prosecution?
Asked by: Miss Amina Farrell I | Last update: October 7, 2025Score: 4.8/5 (15 votes)
In court, there are two sides: the prosecution and the defense. The prosecution represents the government and is responsible for proving the defendant's guilt beyond a reasonable doubt. The defense represents the defendant and is responsible for challenging the prosecution's evidence and arguments.
What is the difference between the prosecution and the defense?
The prosecutor must charge the accused with a specific crime or crimes, then present evidence that proves beyond a reasonable doubt that the accused is guilty. The defense attorney must defend their client against criminal charges. The client is innocent until proven guilty.
Is a DA like a lawyer?
The District Attorney (DA), also known as a prosecutor, plays a critical role in our criminal justice system. They represent the government in criminal cases and are responsible for ensuring that justice is served by prosecuting individuals accused of committing crimes.
Can a lawyer do both defense and prosecution?
It's very uncommon for attorneys to practice both defense and prosecution. The majority of lawyers specialize in prosecuting criminal cases or in criminal defense, rarely both. That said, when attorneys do have experience on both sides, it can be a major benefit.
Who gets paid more, prosecutors or defense attorneys?
Public defenders are criminal defense attorneys who are paid to defend citizens accused of criminal acts who are unable or do not wish to pay a private attorney. Public defenders tend to make slightly more than prosecutors, according to the NALP.
My answer to "how do you defend someone you think is guilty"
What is the highest paid lawyer type?
Patent attorneys are the highest-paid type of lawyers, with an average salary of $185,351, ranging from $119,88 to $285,530. Various factors contribute to a patent attorney's average salary, including experience, firm, location, and subject matter expertise.
Why do defense attorneys drag out cases?
While these delays may seem frustrating, they often serve strategic purposes in building stronger defenses and potentially achieving better outcomes.
Who wins if a defense attorney and the defendant disagree?
Ultimately, it's the defendant who gets to make the final decision, even if it conflicts with their attorney's advice. Occasionally, lawyers and defendants have such strongly opposing views that the lawyer cannot effectively carry out the defendant's desired strategy.
What types of evidence must always be turned over by the prosecutor to the defense?
In virtually all jurisdictions, the prosecutor is required to turn over all exculpatory evidence and all impeachment evidence to the defense.
What are the two types of defense attorneys?
Criminal attorneys also work to ensure their clients receive fair treatment throughout the legal process. There are two kinds of criminal lawyers: public defenders and private defense attorneys.
What is a state attorney's salary?
State Attorney. State of California. $113K - $174K. /yr. $140K.
Do you need a law degree to be a DA?
District attorneys are highly respected individuals in the society due to the nature of their job. In order to become a district attorney, you must earn a law degree, become a member of the American Bar Association, obtain a Juris Doctor (J.D.) degree and gain some trial experience.
Who is more powerful, a judge or a prosecutor?
Prosecutors are the most powerful officials in the American criminal justice system. The decisions they make, particularly the charging and plea-bargaining decisions, control the operation of the system and often predetermine the outcome of criminal cases.
Who gets last word defense or prosecution?
Usually, the prosecution first makes a closing argument, then the defense attorney. The prosecutor, who has the burden of proof, frequently gets the chance to respond to the defense's final argument.
Is prosecutor harder than defense?
Typically, the prosecutor will ask easy soft ball questions like “what did you see?” or “what did you do?” This style of questioning is called direct examination. Direct examination is completely different that cross examination. A prosecutor's job is easier than a defense attorney generally.
What is the Brady rule?
The Brady decision ruled that the defense has the right to examine all evidence that may be of an exculpatory nature. The prosecution will not only release evidence that the defendant might be guilty of a crime but also release all evidence that might show that the defendant is innocent as well.
What three conditions must be present before a prosecutor charges a criminal case?
(a) A prosecutor should seek or file criminal charges only if the prosecutor reasonably believes that the charges are supported by probable cause, that admissible evidence will be sufficient to support conviction beyond a reasonable doubt, and that the decision to charge is in the interests of justice.
What is the giglio rule?
Under the law, prosecutors must disclose any evidence that could call into question the credibility of an individual testifying in trial or impede an investigation. This constitutional requirement applies to all witnesses, including law enforcement officers, in order to ensure a defendant gets a fair trial.
Why should you never take a plea bargain?
Critics argue that plea bargains can result in innocent people pleading guilty to avoid the risk of a harsher sentence at trial. There are also concerns about the consistency and fairness of plea deals, as well as the potential for prosecutorial overreach.
What can a defense attorney not do?
(b) Defense counsel should not knowingly make a false statement of fact or law or offer false evidence, to a court, lawyer, witnesses, or third party.
What is a Strickland test?
The Strickland standard, the test for when an attorney's. representation of a criminal defendant falls below the minimum. requirements of the Sixth Amendment, has been widely criticized. Critics argue that it is an empty vessel, providing no guidance to how.
How do you know if your lawyer is selling you out?
- They Regularly Miss Deadlines and Appointments. ...
- They Show a Lack of Interest in Your Case. ...
- They Are Pushing You Too Quickly or Forcefully to Settle. ...
- They Fail to Return or Answer Your Calls. ...
- They're not Transparent in Billing and Payment Practices.
Do defense attorneys ask their clients if they are guilty?
In most cases, defense lawyers do not ask their clients if they are guilty or not.
Is a continuance good or bad?
Because continuances delay the resolution of a case, judges typically frown upon them. It's usually only when the defendant's rights might otherwise be violated that a court will grant a continuance request.