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Role of a Criminal Defence Lawyer in Court is Important in the Justice System By Adrianna Notton

  in Legal | Published 2012-08-17 13:17:56 | 228 Reads | Unrated

Summary

The role of a criminal defence lawyer in court is the cornerstone of our legal system The judicial system is set up as an adversarial system, meaning each side gets their say in a court of law

Full Content

The role of a criminal defence lawyer in court is the cornerstone of our legal system. The judicial system is set up as an adversarial system, meaning each side gets their say in a court of law. Having this system in place ensure the innocent go free while the guilty are punished. Even the most hardened criminals have the right to a defense attorney.

A defense attorney represents a defendant in a trial. The attorney can either practice general defense or specialize in a certain type of criminal defense. They can practice on their own or be part of a larger firm. All must have th
e proper education and pass all required testing to practice. This way defendants know they are getting a competent defender.

The role of the attorney is not always to prove their client's innocence. The client them self may admit to the crime they are accused of or the evidence can be so overwhelming there is no doubt. In this case their role is to make their client aware of the law and look out for their legal interests during the proceedings by assisting them in setting up a plea bargain.

Even when a case does go to trial their duties to the client are not always in the court room. Attorneys may also have to gather and review evidence, preform key background checks on witnesses testifying for the prosecution, negotiate bail and handle media coverage. This gives their clients the best chances of receiving a fair, unbiased trial.

During a trial the defense lawyer's main job is to create reasonable doubt in the minds of the jurors or judge. They can do this by disproving evidence that points to their client, disproving testimony accusing the client and by introducing their own evidence or witnesses. They may do this in any way they see fit as long as it does not break ethical or legal standards. Because in the legal system the accused is innocent until proven guilty the defense has the advantage in the courtroom.

A lawyer is a skilled professional who has to have experience and diligence in a wide variety of areas. They need to know the law and their client's rights, be able to effectively address the court, diligently go over testimony and evidence for inconsistencies and draft effective warrants and motions. In addition to that they must have excellent interviewing skills to talk with witnesses and any officers involved with the case.

Any confidences a client shares with their attorney are privileged when concerning the case they are accused of. However the lawyer does have ethical and legal obligations to consider. If a client discloses information that poses a threat to someone in the future or of a future crime the lawyer must turn that information over to the proper authorities. If they fail to do this they are considered an accessory and will lose their right to practice law.

There are many different aspects of the role of the defense lawyer. Both in and outside the courtroom they must project a professional and diligent manner. This will assist them in their role of providing the best defense possible for the accused. Without them the judicial system would not be the same.

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