Question: I need 300 word minimum discussing what the role of a defense attorney? How does this role of defense attorney impact the criminal court system? What would happen if the role of the defense attorney was more/less limited?
A defense attorney is someone who is the representation for the defendant (person accused) in a lawsuit or criminal case. Their primary roles are to counsel and defend the accused party. This includes counseling the accused party and witnesses during the investigation of the related crime. Many cases do not make it to court and instead settle outside of court. The defense attorneys are involved in these meetings outside of the courtroom to defend their client. If the case is not able to be settled outside of the court room then both parties, the prosecutor and the defense, will be sent to trial. The defense attorney’s role is then, as it has always been, will be not to prove the defendant’s innocence but rather to prove that the prosecutor has not produced enough evidence to beyond reasonable doubt to prove the defendant’s guilt.
Defense attorneys impact the criminal court system by defending those accused, whether they are actually guilty or not. Their position is not to judge the defendant or to prove their innocence or guilt; their position is to simply prove that there is reasonable doubt in the prosecutor’s case. Because of the role of defense attorneys many cases are settled outside of the court room. This in turn saves the system money from not having to hold a trial. Settling outside of court also frees up the court room for other more pressing cases that were not able to be settled outside of court. Because of the laws set into place everyone that is accused of a crime is innocent until proven guilty, that is why defense lawyers play such a critical role in the criminal court system.
The current role of the defense attorney is ideal. If their role was more prominent and fought harder on behalf of the accused, those that are truly guilty may end up back on the street and in society. This could be detrimental because they could repeat their crimes. On the other hand if their role was limited then those who are truly innocent may be proven guilty and spend a lifetime behind bars for a crime that they did not commit while the actual party stays free.