The Criminal Defense Lawyer

2007-03-08 10:33:40

( Legal )



An Introduction
Before defining what criminal defense lawyers are, we shall lay out some definitions.

What are Lawyers?
Lawyers are individuals who are allowed to practice law.

What is Specialization?
Lawyers often become experts in their specific fields of practice. This is called specialization. For instance, a lawyer whose chosen field (or specialization) is human rights is called to know both local and international laws on human rights. There are as many kinds of lawyers as there are fields of law. These fields expand every time there are developments in local or foreign law. Each field of law grows and develops as new cases are decided. In common law countries such as the U.S., the decisions of the Supreme Court form precedents. Precedents are legal patterns that must be followed in the future. Cases with similar facts will be decided in line with these existing legal precedents.

The Criminal Defense Lawyer
A criminal defense lawyer is a lawyer who specializes in defending individuals accused of committing crimes. In most countries, the U.S. included, a person accused of committing a crime is innocent until proven guilty. The legal system requires that the accused must be given a chance to defend himself. The criminal defense lawyer functions as the defender of these persons accused of crimes. The role of a criminal defense lawyer is to give an adequate defense. This will ensure that when a verdict is handed down, the system of justice already gave the accused an opportunity to be heard.

Due Process of Law
The U.S. Constitution requires that before a person can be sentenced for a crime, he must be given due process. The opportunity to be heard, and the privilege of having a defense lawyer, is an application of this principle of due process.

Some Skills Required of Criminal Defense Lawyers
Criminal defense lawyers are usually masters of courtroom drama and interrogation. When a prosecution witness is on the stand, the criminal defense lawyer is adept at cross-examination, looking for holes or inconsistencies in the testimony. Criminal defense lawyers are also good speakers, and experts at planting doubt in the minds of the jury members. A criminal defense lawyer is free to use tactics and strategies within the bounds of ethics and the law. He wears two hats, so to speak. As the lawyer of his client, he must give a stalwart defense. As an officer of the court, and a member of the bar, he must adhere to legal and ethical principles.


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