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Essay / Research Paper Abstract
This 6 page paper describes the functions of a defense attorney, and then considers what expectations of privacy a person might have if they make a confidential cell phone call in public. Bibliography lists 3 sources.
Page Count:
6 pages (~225 words per page)
File: KV32_HVdefpri.rtf
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Unformatted sample text from the term paper:
distorted view of what the function of the defense is. Likewise people who use a cell phone in public may be expecting more privacy than the law allows. This paper
considers two separate issues: the role of the defense lawyer in the criminal justice system and what is considered a reasonable expectation of privacy. Discussion The defense attorney: Contrary to
popular opinion, and in defiance of the stereotype of the crusader who is seeking to establish the "truth," the defense is not required to prove anything-the defense attorneys job is
to make certain that the prosecution proves its case beyond a reasonable doubt. The presumption of guilt or innocence doesnt even enter into the thinking here, since defense attorneys have,
from time to time, defended people they know to be guilty. Their task is to make sure that the prosecution does its job and to try and get their client
the least sentence possible for the crime he or she committed. This is a difficult concept for people raised on the idea of the Perry Mason-type attorney, who not only
gets an acquittal but names the real culprit at the same time, despite the fact that the police have been investigating for weeks or even months. But a moments reflection
reveals why the law insists on this interpretation. In U.S. jurisprudence, the burden is on the prosecution to prove, beyond a reasonable doubt, that the defendant did in fact commit
the crime of which he stands accused. At the same time the defendant is entitled to the protection offered by the idea that he is innocent until proven guilty. Since
this is the way the law is structured, it almost automatically defines the roles of the two attorneys. The prosecution prosecutes, the defense defends. The role of any attorney is
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