Prosecutor v. Defense Attorney Boundaries of Advocacy

Prosecutor Overreach

The legal system serves as the cornerstone of modern society. This system ensures that the public good is maintained and that the social fabric of society is preserved at all times. A prosecuting attorney has a unique position within this system. They represent the state, or the public good in general, and not just a single client. Therefore, there role is to not only seek convictions among those who have violated laws that could undermine the public good, but a prosecutor must always balance this with justice. However, it is in this space, the space between justice and the perception of guilt, that prosecutors lose their way. To successfully maintain the ethical position as a prosecutor, a balance must be upheld in which self-interest is regulated by process, ethics, and the consideration of the public good at all times. However, this balance is easily skewed and is commonly disregarded.

Furthermore, the defense attorney also has a vital role to play in maintaining this balance. The defense attorney is commonly in a position in which they must balance their own self-interest with ethical actions for the pursuit of justice. Even though the defense attorney is sworn to represent their client to the best of their ability, there are still lines that shouldn't be crossed. When a defense attorney destroys evidence, hides evidence, or manipulates system on behalf of their client, then this violates the best interest of the public and violates the integrity of the system as a whole.