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What are the Two Types of Criminal Lawyers?

What are the Two Types of Criminal Lawyers?

Criminal lawyers can be broken down into two categories:

  • Prosecution 
  • Defence

Prosecution

The prosecution have the role of representing the community and determining what the appropriate charges are against the accused. They must also determine whether there is sufficient evidence to proceed with a matter in court. Their goal is to facilitate the administration of justice by prosecuting cases involving criminal offences. 

The main objective of a prosecution lawyer is to ensure that they can convict the defendant by presenting clear evidence and facts which prove that someone has committed an offence. The prosecution hold the burden of proving the accused’s guilty to a standard of beyond reasonable doubt.

Defence 

When someone is charged with any type of offence, they will need an experienced defence lawyer on hand. Defending an individual is not an easy task, although it can certainly be rewarding. Many individuals find themselves in difficult situations and should turn to a defence lawyer for the purpose of legal representation in court. However, it is essential that the elected defence lawyer is skilled and experienced in his field of practice. This will ensure the best outcome possible for an accused person.  

What are their roles?

Defence Lawyers need to approach each specific matter according to the facts of the case. This takes incredible skill, as they need to ascertain what decisions they need to make to achieve the best outcome for their client. 

Defence Lawyers must consider the following: 

  • The best interests of their client; 
  • To deliver legal services reasonably, effectively, and in an appropriate time frame; 
  • To consider their paramount duty to the administration of justice and the court. 

GUILTY OR NOT-GUILTY?

Proving one’s guilt is not something that is taken lightly in court. If the accused pleads not-guilty, the prosecution will have to prove their guilt beyond any reasonable doubt. Meanwhile, the main objective of a defence lawyer is to present a strong case on behalf of their client pertaining to their innocence. The defence can also put the prosecution to proof and not present a case at all- the burden is on the prosecution to prove all elements of an offence against an accused person. 

If the accused has been charged with an offence, and is proven to be guilty, the defence still has the role of presenting an argument with the attempt to mitigate the offence committed. This is achieved through a range of different methods, particularly through the preparation of subjective material which outlines the accused’s background history. Ultimately, the priority of a defence lawyer in this scenario will be to determine what will be the best possible approach to take, in order to reach an outcome which is most suitable for their client. 

Why is a defence lawyer important?

 A criminal charge can affect every aspect relating to someone’s life. An experienced lawyer will ensure an easier process within the legal system when dealing with the charges faced before the court. 

This is particularly relevant in relation to charges against innocent individuals. It is fundamental that your defence lawyer understands your rights, and is able to utilise his knowledge to rebut the charges and achieve a fair and just outcome. 

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