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Introduction
The roles of Judge, Attorney, Prosecutor, and Defense Attorney, can be confusing at times since they all have the same purpose - to maintain integrity in the court of law and protect the rights of each individual involved in the trial process. They have different duties and responsibilities based on the different positions they play in the court of law. When considering Judge vs Attorney and other court lawyers, it’s important to know what these differences are so you can find someone who best fits your case and your legal needs when you need to file a lawsuit against someone or defend yourself in a criminal case against an accusation of breaking the law.[ CITATION Hes01 \l 1033 ]
Judicial Discretion (Judge)
Judicial discretion is defined as judges' ability to make decisions outside of what is stated in statutes or case law; there are also more informal definitions of judicial discretion, such as the art of knowing when to apply existing law, but whichever definition you prefer, it's still clear that judges have a great deal of influence over their cases. The purpose of judicial discretion is twofold: First, judges use their authority to ensure fair trials by making sure they hear every side of an argument before deciding whether or not someone has broken a law. Second, judges must decide how broadly to interpret laws passed by legislatures—for example, how far-reaching should legislation about racial discrimination be?
Prosecutorial Discretion (Prosecutor)
The primary function of a prosecutor is to investigate crimes, negotiate pleas with criminal defendants (either for lesser crimes or sentences), conduct trials when necessary, and—ultimately—seek justice for victims of crime. The process through which a prosecutor performs these functions is known as prosecutorial discretion or charging discretion. By electing to bring or decline to bring charges against alleged criminals in every given case, prosecutors exercise tremendous power over whether someone will be found guilty of committing a crime or whether they will even face trial at all.
Zealous Defense (Defense Attorney)
A zealous defense attorney tries to help his or her client avoid going to jail. Defense attorneys want their clients’ cases dismissed for any number of reasons—mistakes made by law enforcement officers during an investigation, ambiguous evidence or gaps in a case brought forward by prosecutors, mistakes in how evidence was collected or presented at trial—so they might request that charges be dropped before the trial begins or even work out a plea bargain with prosecutors if they have convincing evidence their client didn’t commit a crime.
How all three concepts should ensure a fair and just result for all parties involved?
Judges and prosecutors make decisions based on a set of guiding principles. Their primary responsibility is to ensure a fair and just result for all parties involved. Lawyers often have different objectives from one another; however, they should all work together to achieve the same end. Judges, Attorneys, Prosecutors, and Defense Attorneys, all have some similar goals and objectives to an extent in a court of law. Judges are responsible for ensuring that justice is served by established laws. Prosecutors represent the state or federal government agencies, bringing charges against individuals or companies who may be guilty of crimes or civil offenses. Judges, prosecutors, and defense attorneys, all promise to support the Constitution of the United States and conduct themselves with integrity. The judge's main responsibilities include administering trials fairly while also providing adequate time for both sides to prepare their cases. Prosecutors represent the state or federal government agencies, bringing charges against individuals or companies who may be guilty of crimes or civil offenses. Judges are not permitted to participate in any way during trial proceedings because it would compromise their impartiality as decision-makers. [ CITATION Rho19 \l 1033 ]
References
Hessick III, F. A. (2001). Plea bargaining and convicting the innocent. Byu j. puB. L., 16, 189.
Rhode, D. L. (2019). CHARACTER IN CRIMINAL JUSTICE PROCEEDINGS: RETHINKING ITS ROLE IN RULES GOVERNING EVIDENCE, PUNISHMENT, PROSECUTORS, AND PAROLE. American Journal of Criminal Law 45.2.