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Defense Attorney, Juries, and Judges – Essay Sample

Defense Attorney, Juries, and Judges – Essay Sample

The defense attorney plays the vital role of acting as the advocate for the accused in a criminal trial, and the job is a cornerstone for the adversarial process. Often, only the defense attorney stands between the defendant and the entire community, and it is the attorney’s obligation to do his or her utmost to defend the client within the boundaries of the law. Given the vulnerable state of the defendant, the system is set up so that the burden of responsibility in obtaining a conviction lies with the prosecution, which has the backing of the judicial system behind it. The prosecutors are entrusted to represent the people in these cases, and they are obligated to provide sufficient evidences against a defendant to establish guilt beyond a reasonable doubt. Like the defense attorneys, they are bound to honor court rules, such as disclosing relevant information to the opposing attorney.

Juries, still held to the traditional number of twelve, are composed of randomly selected citizens and are in place to provide the “trial of peers” aspect to a court proceeding. The concept is that each juror, upon hearing both sides of a case, will come to an informed decision after deliberating with the other jurors, after this body has fairly assessed all the evidence and reached a decision beyond reasonable doubt. The juror represents “the people” the prosecution is charged with representing himself, and the jury is the means by which ordinary citizens have a profound impact on the court system.

Judges wield enormous discretionary power, even in smaller court venues. They preside over trials as the ultimate authority in place, and must continually ensure that all proper forms of conduct and points of law are correctly observed. While judges themselves must operate within parameters of action and rulings, their high position and judicial authority in the courtroom allows them to vitally affect outcomes, through means from instructing a jury in its actual obligations, to the allowing of questionable evidence to be presented. Former U. S. Supreme Court Chief Justice Earl Warren stands out as an historic example of the great power, and opportunities for change, a judge may achieve. From 1953 to 1969, this man presided over some of the most challenging civil rights cases to come before the highest court, and he greatly expanded the national concepts of civil liberties in the process.

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