Prosecutor V. Defense Attorney Boundaries of Advocacy Research Paper

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Boundaries of Advocacy

Prosecutors and defense attorneys are pitted against each other in a system of justice. The ultimate goal of this system is to serve the public's best interest by maintaining order and supplying some rules for a just society. However, in every case that is tried, there are boundaries that can be crossed by either side. Crossing these boundaries can have severe implications for the public good. Prosecutors can often convict individuals who are innocent and defense attorneys can help acquit an individual who is guilty in reality.

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Such actions are not consistent with an effective justice system, yet they are common occurrences. According to a 2003 study, "Local prosecutors in many of the 2,341 jurisdictions across the nation have stretched, bent or broken rules to win convictions…. Since 1970, individual judges and appellate court panels cited prosecutorial misconduct as a factor when dismissing charges, reversing convictions or reducing sentences in over 2,000 cases (Weinburg, 2003).

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