Prosecution Verses Defense
Dustin Stevens
CJS/220 Introduction to Criminal Court System
January 19, 2014
Mark Rosenfield

Prosecution Verses Defense
There are two major differences between the defense counsel and that of the prosecutor. The prosecutors mainly have to complete a balancing act that strikes fair between the competing interest of convicting the guilty, freedoms and rights as well as protecting the public from criminals. Prosecutors are here not to be bias or racist they are here to be fair. Prosecutors to do represent any special interest group nor do they simply work to get convictions, as well as not acting as lawyers for victims of crime. In general prosecutors represent the public interest of all to ensure that prosecutions are conducted in a diligent, competent and fair way that respects the rights of all citizens. The defense counsel can be considered the checks and balances of the criminal justice system, or the law enforcers. Since the defense counsel is representing a lone individual against all the power of the state, the defense counsel must “police the police” meaning that there has not been a violation of the defendants’ rights such as an unconstitutional search, coerced confession, or unlawful suggestive lineup, and even fabrication of his, or her testimony. The defense counsel must ensure that the prosecutor is adhering to the professional requirement not merely to convict, but to do justice and comply with the prosecutors obligations to the public. The most difficult of jobs for the defense counsel is to remind the judge of constitutional mandate as well as the professional obligation to protect the rights of the defendant rather than treat him as a docket number to be quickly processed and sent to jail.
Prosecutorial discretion means discretionary powers exercised by the government's prosecution service such as whether to