Do you want to know the difference between a Prosecutor and a Defense Attorney, the work they perform, and how much they get paid? So let’s find answers to all these questions in this blog post.
To understand the difference, each of them we need to understand what is a prosecutor and a defense attorney.
What is a prosecutor?
A prosecutor is a lawyer who represents a client that files charges against a party. Sometimes, it can be an elected person as well. Prosecutors handle cases mostly related to crimes and administrative law. They fight the case on behalf of the person against the accused. They try to win cases by presenting evidence in favor of their client and will attempt to persuade the case in their favor against the defendant.
They aim to present facts and truths about the incident or event that happened and prove that the defendant is guilty in court. The case either runs long or is completed within one day; it depends on the skills of the prosecutor. The court hearing might be held at the district court, high court, or supreme court, based on the nature of the case. The higher and more complex the case, the higher will be the fees of the prosecutor. An elected official will be responsible for the prosecution of the case in the jurisdiction.
What is a defense attorney?
The defense attorney is a lawyer, representing the case of the defendant or the accused person. The defense attorney specializes in civil or criminal law. They try to fight the accusations being charged against them. They put forth their evidence and facts, and try to turn the case in their favour. They can be either hired from a lawsuit or their public defenders as well appointed by the government. The public defenders fight cases for free, for the people who can’t afford to pay them. A civil defense attorney represents clients who are a part of non-criminal lawsuits for their financial profit.
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Prosecutor vs Defense Attorney: Key Differences
Both of them share the same duty: to defend their clients during criminal trials. However, their responsibilities differ from each other.
Goal of the Job:
Even though they have different approaches towards their clients, the key responsibility is the same. Learn how.
Prosecutor:
The prosecutor’s job is to defend the client. They need to provide evidence and prove the allegation. They fight the case against the person who might not have committed the crime. So, the easy part of the job is proving the defendant wrong and winning, while the challenging part is to gather evidence and support those pieces of evidence and facts. And persuade the judge to pass the judgment in their favor. However, the duties of the prosecutor don’t end there. The following are also the duties of a prosecutor:
1) Selecting the jury members: Along with selecting the judge and defense team, they also choose a junior jury to help gather evidence and organize them accordingly.
2) Arranging plea bargains: This is a conversation between the defendant and them to come to a compromise on the sentence if proven guilty.
3) Recommending the sentence: If the client is proven guilty, then it’s their role to plea with the judge to reduce the sentence.
4) Working with criminal justice and law enforcement agencies: Prosecutors defend their client/victim by pursuing a conviction against the suspect who may have broken the law. They work closely with the members of law enforcement to bring justice to the victim.
Defense attorney
A defense attorney protects their client by challenging the allegations made against them and presenting supporting facts in criminal trials. Their goal is to demonstrate that the accused facts are unfounded and to redirect the course of the case in favor of their client. Defending the client is not their only duty; here are some additional responsibilities:
Advising the client: Defense attorneys collect and research evidence to support their claims, striving to maintain clear communication with their clients.
Presenting mitigating information: Throughout the legal proceedings, they present mitigating information, such as the client’s health or mental instability, to strengthen their case.
Handling appeals: If the client is found guilty during the court hearing, defense attorneys manage the appeals process.
Types of cases they handle
The defense attorney can handle both civil and criminal cases, while prosecutors can only handle criminal cases. They do not engage in cases of property damage, child support, or any other civil matters.
Work Environments
They mainly depend on their juniors to do most of their work while they are trying to pursue a case. They spent most of their time in libraries, legal offices, and courtrooms or performing research. They also meet clients and their witnesses, trying to gather evidence. Most of the day is hectic. They also travel trying to research and meet the evidence that may help his case. Defense attorneys may work in private law firms or work publicly appointed by the government. They meet their clients daily to discuss the case and develop the case. They may work in different environments which may not always suit them.
Relationship with the clients
They maintain a healthy relationship with clients and meet them regularly. They help them build their strong case and meet the witness.
Courtroom behavior
Both of them maintain a healthy and professional behavior in the courtroom. The courtroom has its own rules and regulations, and if violated, will be held under the contentment of the court, which is the direct disrespect of the law and order.
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Education
Both of them are expected to earn a law degree and pass the bar exam practice. Both of them take a degree in Junior Doctor from universities that have Accreditation from American bar Association[ABA]. To ensure that they receive quality standards of education and training. These degrees can provide them with foundation essentials in legal topics like criminal law and ethics.
Salary
Defense attorneys and prosecutors can earn lucrative salaries, but the amounts are 152,275 dollars per year.