利用者:BirdsongPopp320
出典: くみこみックス
The task of a Criminal Lawyer
Criminal law defines actions which are prohibited by the government because they actions threaten the physical and emotional welfare of the public. Penalties for committing a criminal offence range from imprisonment to death. When a person is accused of committing a criminal offense, a criminal lawyer is going to be hired by both the accused (the defense) and also the accuser (the prosecutor) in order to get yourself a punishment that matches the crime.
A Criminal Lawyer's Tasks
Throughout the initial investigation, the lawyer works together with the police to examine evidence found at the crime scene and collaborate witnesses testimonies of what they saw happen. He'll also investigate the motives behind both accused and the accuser's actions.
In line with the collection of evidence the lawyer determines whether or not to pursue the criminal case. If more evidence is needed, the investigation will continue. But if sufficient evidence can be obtained, a court date will be set.
Throughout the trial, the criminal lawyer will make an effort to prove the defendant guilt or innocence through presenting evidence found at the crime scene and by questioning individuals who were witnesses of the crime. He should try and acquire the most beneficial punishment for the accused. Even if the evidence unequivocally points toward a guilty verdict, a sentence imprisonment may not be the best option. Depending on the crime, there are lots of rehabilitation options that you should considered when the accused will not be a danger to society.
The Criminal Defense Lawyer
The criminal lawyer representing the defendant is the criminal defense lawyer. He represents the defendant during the trial, going after either a "not guilty" verdict, or perhaps a lenient sentence.
It's important to understand that the role of a defense attorney is not to merely push a "not guilty" verdict to the jury. If the accused is guilty or will most likely be found guilty, the defense lawyer will work to get the most lenient and beneficial resolution possible.
A criminal lawyer has a couple options to ensure a minimized sentence for his client before the trial even begins.
The very first is a plea bargain. With respect to the harshness of his client's crime, the likelihood of a guilty verdict from the jury, the available evidence, and the penalty's severity, an attorney might be able to resolve the problem without going to trial. The defendant would have to be willing to plead guilty and then his lawyer would work using the prosecutor to enforce a fee, reduced prison sentence or community service requirements.
Pre-trial motions allow the defense lawyer to get certain evidence discounted before and through the trial. His ultimate goal would be to completely dismiss the case.
When the jury convicts the defendant, his criminal lawyer can evaluate the possible success of an appeal, especially if new evidence has surfaced or perhaps a new witness is located. Sometimes evidence used throughout the trial can be proved false or even the sentence may end up being too strict.
The Prosecution's Lawyer
The prosecutor is the one bringing the accusation from the defendant. Whether it's another individual or the government, the prosecution's lawyer will represent the accuser, going after a "guilty" verdict and maximum punishment for the defendant.
