Question

What is the role of defence lawyer

Answer 1

The criminal justice system is viewed as a three-part system consisting of the judge and jury, the prosecutor, and the defense lawyer. ... The role of the judge and jury is to render an impartial decision based solely on the facts presented and the laws applicable to the charged offense.

Answer 2

When you address the Magistrate you must standand say “Your Honour”. And would start by saying “Those fact are admitted”.Your client is pleading guilty so you must try to argue for the minimum possible penalty for your client and the Magistrate will want to know the following:The mitigating circumstances (the reasons that might have made your client commit the offence)eg unemployed, stress caused by personal problems or an unfortunate past history.Your client may have taken the item because it was their girlfriend’s/boyfriend’s birthday and they did not have enough money to buy a present and the client knew it was their favourite design and colour. It may have been for their mother whois ill in hospital and they wanted to buy them a get well present and knew it was their favourite colour and design.If it is a first offence you would point this out to the Magistrate and then talk about your client’s normal behaviour as a good citizen and how they were a model student at school but have found it difficult to get a job since leaving. You could talk about their work as a volunteer or the negative influence of involvement in drugs. If you mention drugs you can talk about how they are turning their life around.If a second or third offence you can refer to an extended period of time without offending. You can politely suggest a penalty by saying .. “I respectfully submit your honour…” or argue against a conviction as it may affect a legal career or against a fine because of limited money.

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