LAWYER VS. PROSECUTOR

LAWYER VS. PROSECUTOR

Lawyer Vs. prosecutor argument is one that has been in existence for a long while now. The similarities between the two make it confusing that one can hardly tell the difference between them. At the end of this discussion, we will be able to know the difference between the two. To understand the difference between a lawyer and a prosecutor, we need to closely look at them separately, highlight their functions, and execute their functions.

LAWYER

A lawyer or attorney is seen as a person who practices law. Law on its own can be practiced as an attorney, attorney at law, barrister, barrister at law, solicitor, or even as an advocate. A lawyer does not serve as a paralegal or charter executive secretary. In law, it is required that the lawyer, with the help of abstract legal theories that they must have learned during and after school, solve specific individualized problems or to carter for the interest of their clients( those who hire them to do their legal biddings for them) 

TYPES OF LAWYERS

There are two major types of lawyers and they are:

  • CRIMINAL LAWYERS: These lawyers focus on different types of criminal cases, but they have similar work schedules with civil lawyers. Their job varies from being the defender of the accused to be the prosecuting attorney trying to convict the accused, and in cases like this, both parties know the background of the crime involved. In a criminal offense such as kidnapping, robbing, e.t.c, these are the types of attorneys that would be recommended for you to hire. If, on the other hand, the offense is outside a criminal case, most of the legal work can be classified as civil law. The word “crime” has been stressed too much so far, and we need to understand the meaning of the word crime to get an in-depth understanding of the details of criminal lawyers.

CRIME: This is referred to as the type of conduct that can cause harm individual parties involved. An example is a theft and others like kidnapping. These crimes cause injuries and harm to the victims as well as the society at large.

Criminal charges or convictions can result in imprisonment and fines. On the other hand, civil law charges result in payment of money or fine for damages or changes in the status of the person or people involved, such as divorce rights or parenting rights. It doesn’t lead to imprisonment, unlike the criminal charges. The punishment depends on how severe the crime is.

  • CIVIL LAWYER: This is the type of lawyer that is involved in cases that have to do with the private affairs of the citizen, for example, slander, breach of contract, libel, marriage, property ownership. Once the offense is not seen as a crime, it is referred to as civil. Civil law is a contrast of criminal law in which criminal cases are involved, and the state prosecutes it. In contrast, civil cases are intimidated by a private party, referred to as plaintiff in legal terms. The compensation to cases like this can only be financial; a civil court judge cannot impose custodial sentences because they are not bestowed with the power to do so.

Civil lawyers need to prove their case beyond every reasonable doubt, while on the other hand, criminal lawyers do not; all that is needed is a display of adequate evidence. By preponderance standard, the burden of proof is met when there is a greater than 50% chance that the claim is true.

Civil law is also important because it deals with conflict resolution and ensures that disputes between individuals do not go beyond proportion, leading to unjust and attracting criminal offenders. It encourages cooperation between members of the society, reduces exploitative behaviors, unethical business practices, and similar cases like that.

Since civil law is not the bone of contention in this discussion, we will discuss criminal law, which relates prosecutors with lawyers. Still, before that, we need to get an insight into who a prosecutor is.

PROSECUTOR

Many people think that a lawyer has the same duties as a prosecutor, but they are not entirely wrong; just like a normal lawyer, a prosecutor is also a licensed lawyer.

A prosecutor, also known as a district attorney, is an office elected that is legally responsible for the investigation, charging, and prosecution of those who are accused of breaking the law. Using the United States as a point of view, the prosecutor represents the United States government’s people, and the prosecutor has the backing of the state. Generally, prosecutors work for the government directly. Prosecutors deal closely with police officers, victims, and witnesses and the power to exercise their power even to the extreme to uphold the law.

RESPONSIBILITIES OF PROSECUTORS

The government backs prosecutors to carry out a lot of duties for the sake of the government too, to ensure that they uphold justice; some of these duties are

  • MAKING BAIL RECOMMENDATIONS: One of the prosecutors’ duties is to make bail recommendations during the defendant’s first appearance in court or even during the arraignment. For example, the prosecutor may request that the bail on the accused be denied or set a limit on the amount for bail.
  • DECIDING TO PROSECUTE AN OFFENDER: It is the duty of the prosecutor to determine if they are to preserve an offender. There may be adequate evidence in the jury proceedings, but the evidence available may not be enough to forward with the charges. There are situations where the witness might not show up; then it’s up to the prosecutor to choose whether to continue with the charges or whether to decline and prosecute the accused.
  • PREPARATION OF CASE FOR TRAILS: If/when a plea bargain is not agreed upon, the prosecutor is responsible for preparing the case for trial. The preparation of a case for trial requires a lot of things like investigation, critical analysis, reviewing of the evidence available, knowing how to use the evidence available to their favor, interviewing the accused and maybe, even interviewing key witnesses and other important people that are relevant for the case. They can also go to the police to get the evidence they want without being questioned because they have the government’s backing, so it is their responsibility to get these sorts of information in any possible way according to the law.
  • SELECTION OF THE JURY: The prosecutor has an important role in selecting the jury when a case is meant to go to trial. When a case goes to trial, a jury should obviously be selected. The prosecutors are also responsible for the questioning of potential jurors and the dismissal of some jurors.
  • PRESENTING CASE AT CRIMINAL TRAILS: Normally, trials take place in a court of law, and the presence of a judge and maybe jurors. It is the prosecutors’ responsibility to present the state’s case since they are the representative of the state in the court of law. It is also in their place to make the opening and closing statements.

TYPES OF PROSECUTORS

  • United States Attorney
  • Country Attorney
  • State Attorney
  • Independent Counsel
  • District Attorney
  • Appeals Prosecutor

LAWYER VS PROSECUTOR

The duty of a lawyer is to defend his/her client against the criminal charges leveled against them, and therefore, the client is innocent until proven otherwise. On the other hand, a prosecutor has the responsibility of charging the accused with specific crimes and then present evidence to back up those crimes. A lawyer has the best interest of the client at heart at all the legal proceedings stages, starting from the point where they are arraigned to the point where they are to be charged or sentences. The lawyer also helps to stop or make sure that their client(s) doesn’t incriminate themselves and sees that their client’s constitutional right is in order. On the other hand, a prosecutor has the interest of the public at heart, as that is what they represent, given that they work for the government. They work hard to prove that a person or group is guilty of a crime and show that the offenders are finally punished for crimes they committed. A prosecutor is a public officer, whereas a defense lawyer can be a public or private lawyer.

After going through the discussion, you should understand the difference between a prosecutor and a lawyer (criminal defense lawyer). The impression that they are both lawyers are valid, and this is because they are both licensed lawyers, but their responsibilities, whose interests they represent, their legal backings show that they have separate duties.

Also read Lawyer vs Attorney: What’s the Difference?

LAWYER VS. PROSECUTOR

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