The defender and the prosecutor both have a similar role in the criminal courtroom, to present a case that is more solid than the case presented by their opponent. They both set out to prove their case in order to ascertain if evidence is sufficient to convict a defendant of a crime in order prevent the innocent from being convicted of a crime they did not commit. However, there are many differences between the two players, including how they set out to accomplish this feat, their motivations for doing so and the effects of the result on both their clients and society at large.

Prosecutors represent the state. They are typically appointed by the D.A., or District Attorney, who is an elected official. They are meant to seek justice and not necessarily convictions. However, in order to appear tough on crime in the public eye, it does at times happen that a D.A. may push for convictions at the expense of justice. It is important to note that prosecutor’s often use their appointed position to move up in power and prestige within the judicial system. Thus, a prosecutor may have other motivations, other than uncovering the truth, when entering in a courtroom and facing a person charged with a crime.

In contrast, defenders both funded by the state, as in the case of public defenders, and privately by individuals. Their motivation is to win their cases and defend their clients, and not necessarily to uncover the truth. Their job is to tear the prosecutor’s case apart in order that they cannot prove that the defender is guilty. They are supposed to give their client sound legal advice and to find out if violations of the defendants rights have been perpetrated by the prosecution in order that the case be dropped.

Both prosecutors and defenders have a job to do in the courtroom, and both have many motivations for doing so. In the courtroom, this can effect the person being charged in several ways. They may be given an easy walk or be made an example of, depending on the motivations surrounding the case. While not entirely fair, it is the way in which the checks and balances have evolved.