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Hanna L.

Supetran
JD-2
Legal Counseling
Central Phillipine Univesrsity

Lawyer as Prosecutor

Introduction:

A lawyer plays a great role in the preservation of justice in


our society. The Code of Professional Responsibility have had
already set forth duties of the lawyers in order that they may
carry out their duties with utmost diligence. A lawyer is not
only obliged to perform his duty towards a client but also to
the court and to the Bar which comprises his colleagues. A
lawyer must be an example of righteousness. He is expected to
guard the due process, be aware of the solutions of any special
problem and he must be ready to lend assistance in the study
and solution of social problems.

In the Court, he is expected to defend it and give utmost


respect to it at all times. A lawyer is expected to uphold the
Court’s authority and dignity, obey order and processes and
must assists in the service of justice.

The duties of a lawyer to the Bar – he is expected to show


fairness, candor, courtesy, and truthfulness toward his
colleagues. He must avoid encroaching in the business of other
lawyers and must honor the law profession.

The duty of a lawyer to his client is to devote his service


entirely as to the interest and cause of his client.

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Process of becoming a prosecutor:

First and foremost, someone must be a lawyer. Of course to


become a lawyer someone must first undergo the long process
of taking the law courses and passing the bar. If someone is
dedicated to be a prosecutor, long list of requirements must be
complied with to ensure that you are ready to serve the public.

To start, you need a bachelor’s degree, you may choose to


major in related field like Political Sciences, Social Sciences or
Criminal Justice at least to head start your career in the law
profession. After years in the bachelor’s degree, you can
continue your education in law school wherein it requires
another 4 years of full time schooling. In law school, you
devote yourself more into the legal system, procedures, rules
of court etc. This is where your interests in the legal system is
being nourished. You have to go through each subjects and
pass it in order for you to gain the prestigious law degree. In
law school you are given the chance to learn more of Criminal
law, Constitutional law, Public and Private International Laws,
Labor laws and others. Upon completion of a law degree, you
are expected to be preparing for the bar exam. Passing the
exam and getting your license to practice are two of the steps
required for you to become a prosecutor. Once you’re a
licensed attorney, you can begin seeking work as a prosecutor.
Relevant volunteer work or an internship experience may help
you during your job hunting.

The Duties of a Prosecution Lawyer

All prosecutors are lawyers but not all lawyers are


prosecutors as they say. True indeed because a prosecutor is

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the principal representative of the state in all matters related to
the adjudication of criminal offenses. A prosecutor has a hand
in virtually every decision made in the legal course of every
case that comes before the criminal courts.

The role of the prosecutor may start from the beginning


of a criminal case trial. It has been said that the Prosecution
possess the greatest part of discretionary power in the judicial
system. Given that this discretion is only reviewable on limited
grounds. a Prosecutor’s decision to charge a person has great
impact on the lives and liberty of those affected. It may involve
imprisoning a dangerous member of society to prevent him or
her from inflicting further harm on society at large; on the
other hand, it may deprive a family of their sole breadwinner,
putting financial and emotional strain on the family members.
It is therefore trite that this discretion has to be exercised with
extreme care and after a deliberate and thorough process. It
has been said time and again that the Prosecutor does not act
as counsel for any particular person or party. The client of a
prosecutor is mainly the society and not any other parties. The
Prosecutor will act with fairness and detachment with the sole
and unadulterated objective to establish the whole truth in
accordance with the law.

The role of the Prosecutor therefore excludes any notion of


winning or losing a case. His role is not simply one of crime
control. His role is to seek and achieve justice, and not merely
to convict. The role is to be discharged with an ingrained sense
of dignity and integrity. That is not to say that the Prosecutor
should not care about the outcome of the case. Because the
decision to charge an accused is taken seriously after a

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thorough process, the Prosecutor would be expected to pursue
the case with vigour and conviction to secure a conviction. If
the outcome goes against the Prosecution, any self respecting
Prosecutor would feel disappointed because you take
professional pride in your work. However, professional pride
should never come in 4 the way of the pursuit of the truth
because nobody has the right to sacrifice justice to achieve
professional success. Whenever the eventual decision is
adverse to the Prosecution, you should at least take some
comfort in the fact that the outcome was derived after strict
observance of due process, which is the cornerstone of our
justice system.

A prosecutor’s responsibilities are typically divided between


preparing for cases and presenting cases in court. The
government allocates for the funding of different cases. It is
quite a long process of preparing for case before it goes to
court and be heard by a judge. A prosecutor serves both the
government and the public. Though you must act within
constraints of the law within the area, prosecutor make
decisions that can affect how safe the public feel. Overall, a
prosecutor must have an extensive knowledge of the law and
criminal justice system to be successful.

One of the dilemmas of today’s prosecutors also are clients


who wish to discontinue the cases being referred to him. Since
the foremost reason of litigations are to serve justice, it is
indeed becoming a problem for some prosecutor whenever a
client decides to terminate the case because some of them
have been subjected to fear and intimidation by those who

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created the chaos. It is within the discretion of a prosecution
lawyer if the case will continue in behalf of the state.

Conclusion:

True indeed that all prosecutors are lawyers but not all lawyers
are prosecutors. Just like in the medical profession, the law
profession also has the so-called “specialization”. In order for a
lawyer to be a prosecutor, he must possess first all the
qualification and shall also possess the skills to be an effective
prosecutor. Being a prosecutor is not an easy job. You have to
prepare all the papers for your clients, making sure that proper
provisions of the laws where used. Communicating with your
client is also very important in being a prosecutor.

The job itself is very hard since there is great responsibility that
has long been attached to the prosecution. A prosecutor must
also possess a strong character since accepting criminal cases
and accepting the side of the victim sometimes; carry over a a
big responsibility to expose the truth. Your very character is
being tested in every case that you may accept. Prosecution
lawyers are being praised for defending those who have been
done wrong. Nevertheless, being a prosecutor is a noble or
even the noblest job a lawyer can practice because you are task
to reveal the truth even so putting your client behind bars.
Prosecutors are not the typical protectors in a movie, because
before they can establish probable cause, they have given
ample time to scrutinize every nook and cranny of the case
they handle. They don’t just work for prestige and money but
they work to achieve justice and promote peace in the society.

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Hanna L. Supetran
JD-2
Legal Counselling
Central Philippine University

Lawyer as Defense Lawyer

Introduction:

The related concepts of crime and law have a long history out of
which has emerged a variety of legal systems and juridical forms
that necessitate the existence lawyers. Lawyers are a highly trained
professional class that is concerned with the study and practice of
law, and adefense attorney deals with law that concerns crime and
civil liabilities.

Specifically, a criminal defense attorney defends those who have


been accused of a criminal offense. A criminal defense attorney
prepares a case in an attempt to protect their clients’ civil liberties
and have them declared not guilty. In lieu of that, a criminal
defense attorney will try to have the sentence given be as light as
possible.

A lawyer plays a great role in the preservation of justice in our


society. The Code of Professional Responsibility have had already
set forth duties of the lawyers in order that they may carry out their
duties with utmost diligence. A lawyer is not only obliged to
perform his duty towards a client but also to the court and to the
Bar which comprises his colleagues. A lawyer must be an example
of righteousness. He is expected to guard the due process, be
aware of the solutions of any special problem and he must be ready
to lend assistance in the study and solution of social problems.

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In the Court, he is expected to defend it and give utmost
respect to it at all times. A lawyer is expected to uphold the Court’s
authority and dignity, obey order and processes and must assists in
the service of justice.

The duties of a lawyer to the Bar – he is expected to show


fairness, candor, courtesy, and truthfulness toward his colleagues.
He must avoid encroaching in the business of other lawyers and
must honor the law profession.

The duty of a lawyer to his client is to devote his service


entirely as to the interest and cause of his client.

The duties and responsibilities of a defense lawyer:

The Defense lawyer’s job is to protect the rights of the


accused. The defense does not have to prove anything. As such
the Defense counsel only has to present enough reasonable doubt
to convince the judge that their client must be found “Not Guilty”
and acquitted.
A Defense Counsel would not have to call any witnesses and it is
the right of the accused to remain silent. They do not have to
testify on their own behalf. The Defense should try to discredit or
establish the date and the place where the incident took place, the
people who were present during the crime and, most importantly,
establish that the defendant is not the perpetrator, and that they
did not have mens rea and actus reus. This is usually done by way
of presenting an alibi. The defense will want to call some facts
presented and questions in order to display reasonable doubt.
However other facts they will want to agree with and manipulate to
prove their argument.
The defense lawyer shall know the charges, applicable law, all of the
different elements of the case and the court procedures. The
defense lawyer shall talk to witnesses and listen. Anticipate the

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opposition. The Defense must be ready to question the witnesses
on points where: their evidence disagrees with the evidence of
Defense witnesses, their evidence shows bias, mistakes, or
contradictions. The Defense will want to avoid asking questions
unless they know the answer or know how to integrate their
response into their own point. Disclose all information. The Defense
will prepare an opening statement, Cross Examination questions,
Direct examination questions and a summation.
Challenges encountered by Defense lawyers:

Despite the potential for high pay and job autonomy, defense
lawyers face a number of challenges in their roles, including
negative public perception, difficult clients, overwhelming evidence,
time demands and stress. Even to become a defense attorney so
that you can protect the rights of accused criminals, you must
complete law school and pass yourbar exam.
Media coverage of crimes and suspects poses challenges for
defense attorneys. The public often has a vengeful spirit toward
suspected criminals, especially in more extreme crimes or those of a
sensitive nature. Defense lawyers have to deal with the common
public outcry that they are shady and defend suspects they believe
or know are guilty.
Challenging clients and their families are often more taxing than
public misconceptions, though. Defense attorneys rely on honesty
and accuracy of information from clients to provide the best
possible defense. When clients lie or withhold information, the
attorney can look foolish in court. Additionally, some clients
commit crimes that are symptomatic of a deeper problem, such as

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lack of parental oversight, personal accountability or regard for
people.
One of the reasons lawyers are well paid is because of the pressure
and stress they experience in their roles. In some cases, lawyers
must go on desperate fact-finding and evidence-gathering missions
in short order. This is especially true when new evidence is
presented. Attorneys may spend hours in the evening after a day in
court researching testimony and evidence and preparing notes for
the next day. If a client is found guilty, it impacts the lives of the
client and his family and the reputation of the attorney.
The responsibility of the criminal defense lawyer is to defend his
client by all lawful means. He is bound to do so. Once he accepted
the defense in contract, he is pledged to devote his skills and
knowledge to defend his client no matter what.
On the other hand, in some troublesome situation, in which the
client admitted his guilt to the attorney, the attorney may still
proceed to defend the client by all lawful means, in terms of his
defensive action that is perceived as moral and right.

The moral views on Defense Lawyers


This is one of the several challenges a criminal defense attorney has
to face with. The criminal defense lawyer is often subjected to the
most intense criticism for accepting the defense of an accused who
is guilty or obviously guilty or who probably confessed his guilt.
The criticism becomes violent and fervent when the defense lawyer
becomes successful in defending his guilty clients and have been
set free.
In some cases, the lawyer may also drop the case to avoid the
heated criticism. However, this may evade the basic problem in the

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practice of criminal law. It is stated in the general principle that the
lawyer may defend the accused by all lawful means.

Conclusion:
A defense lawyer is different from Criminal prosecutor lawyer in so
many ways. The job itself is very hard since there is great
responsibility that has long been attached to the defense lawyer. A
defense must also possess a strong character since accepting
criminal cases and accepting the side of the accused sometimes;
carry over a negative connotation against the lawyer. Your very
character is being tested in every cases that you may accept.
defense lawyers are sometimes judged for being the defender of
the wrong doers. Nevertheless, being a prosecutor is a noble or
even the noblest job a lawyer can practice because you are task to
reveal the truth even so putting your client behind bars. Defense
lawyers are not the typical villains in a movie, because before they
can establish the innocence of their client, they have given ample
time to scrutinize every nook and cranny of the case they handle.
They don’t just work to win the case for their client alone but they
work hard every night and day to in order that they may achieve
the truth and reveal the truth. Defense lawyers are brave hearted
souls who have chosen to stand for someone who have been
prejudiced by the society.

A defense lawyer have spent his life not just defending the
wrong doers but he spent his life studying and mastering how he
can expose the truth. A defense lawyer cannot just put aside the
importance of his tasks in carrying out a case because it is the life
and the liberty of his client which is at stake.

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