Unit 6 As Judge vs. Attorney

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B o o n e | 1 Judge Vs. Attorney Precious Boone 5/01/2023 ` Kean university
B o o n e | 2 Prosecutors, Defense Attorneys, and judges have similar goals and objectives to an extent in a court of law. They promise to support the constitution of the United States and to Conduct themselves with integrity However each has a different roles, functions, and responsibilities. The American legal system is meant to promote justice in the trail process. The judge is the final decision maker in this system, but he or she must obey the laws established by the government in order to stay impartial. The Prosecutor is in charge of the investigation and prosecution. However, the prosecutor may decide not to pursue charges or to pursue charges that will not stand up in court. He defense counsel defends his or her client and if the defendant pleads guilty, he or she is required to appear at trial. All three roles have similar goals in that they will want to do what is right and best for the person or people involved in the case. The procedures utilized by the prosecution and defense counsel, however, are considerably different. In this case, the judge’s responsibility is to guarantee that the court’s rules and procedures are followed. If the judge believes that the prosecution or defense has acted outside of the parameters of these norms and procedures, he has the authority to dismiss the charges against the defendant and must explain why. Judicial discretion is the authority to act or decide based on one’s own judgement it may be informed by but is not constrained by legal standards. It is free to exercise as long as it does not violate the constitution or the laws of the land. The notion of judicial discretion is a judicial interpretation that states that a certain legislation provides the court the authority provides the court the authority to interpret its text in a specific way. The parties should not challenge a judge’s decision based on judicial discretion if it is consistent with the facts.
B o o n e | 3 Prosecutors are in charge of choosing whether or not to charge someone with a crime. Prosecutors can pick which offense to bring to the trial before a Jury. The idea of prosecutorial discretion is an important tool for prosecutors who are tasked with achieving justice for people they serve. To do this, Prosecutors must be able to choose which case to prosecute and which to let slide through the gaps. Defense attorneys on the other hand must be given the chance to protect their clients by taking whatever steps are required to secure a fair outcome. This implies that the defense lawyer can defend his or her client regardless of whether the prosecution decides to pursue the case. Prosecutorial discretion is described as the prosecutor’s discretion in determining whether or not to prosecute an individual who has allegedly committed a crime. When there are extenuating circumstances such as public safety concerns, or when there is insufficient evidence to prove a defendant guilt beyond a reasonable doubt the prosecution may decline to prosecute. In contrast the defense attorney might opt to actively represent his client in order to ensure that justice is served.
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B o o n e | 4 References Amercian Bar Association. (2023, May 1). Defense Function . Retrieved from Amercian Bar Association: https://www.americanbar.org/groups/criminal_justice/standards/DefenseFunctionFourthE dition/ American Bar Association. (2023, May 1). Prosection Function . Retrieved from Americanbar: https://www.americanbar.org/groups/criminal_justice/standards/ProsecutionFunctionFour thEdition/ United States Courts. (2023, May 1). Code of conduct for united states judges . Retrieved from United States Courts: https://www.uscourts.gov/judges-judgeships/code-conduct-united- states-judges

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