Wednesday, October 30, 2019
Role of a judge and role of a defense attorney Research Paper
Role of a judge and role of a defense attorney - Research Paper Example By applying all these roles, the judge sets to become independent in the courtroom. One of the advantages of this is to enable to promote equality in the treatment of case trials leading to appropriate verdict. On the other hand, this would also promote equal chance for each party in the courtroom to appropriately present their individual cases and story in order to determine facts. On the other hand, the interdependence of the judge with other courtroom personnel would turn out the trial to be more technical particularly in the determination of facts because the proof beyond reasonable doubt has to be consistently created on both sides during the case trial. In addition, the interdependence of the judge with the jury could possibly make it hard to eliminate personal bias and conviction during the acual process of hearing and deciding a case. For this reason, it is important for the judge to employ more dynamic house rules, to promote ethical and legal standards. This substantially w ould lead to a balancing act in shaping substantive and procedural law. 2. It is the obligation of defense attorney to defend the client in a lawsuit from either criminal or civil case (Siegel, 2009, p.409). The real responsibility is to aim for probable acquital as there is a need to substantially increase the burden of proof on the part of the prosecutor to prevent conviction in as much as possible. In some cases, the defense attorney may also serve as the one who would make the verdict lighter for the guilty. In general, the defense attorney defends the client in a lawsuit while ensuring legal ethics, so as not to mislead the court with wrong information (Neubauer & Fradella, 2010, p.168). In this case, the defense attorneys are trying to be independent with the prosecutor and the judge as they would create substantial appeal to nullify the evidences pointed against the accused. In this case, they should deviate
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