The Pursuit of Justice vs. The Duty to Defend: Prosecutors and Defense Attorneys in the Criminal Justice System
By Galveston Criminal Attorneys Brian Foley and Luis Baez
In the American legal system, prosecutors and defense attorneys play distinct yet complementary roles, each guided by a unique ethical compass. At Galveston Criminal Attorneys, we—Brian Foley and Luis Baez—see these differences daily in our practice, and they underscore the delicate balance that keeps justice alive.
Prosecutors are not mere gladiators in the courtroom, swinging for a conviction at all costs. Their role, as famously articulated by the U.S. Supreme Court in Berger v. United States (1935), is not simply to win cases but to ensure "that justice shall be done." They wield immense power—deciding whom to charge, what evidence to present, and whether to offer plea deals. With that power comes a higher calling: to seek truth, protect the innocent, and uphold fairness, even if it means dropping a weak case or acknowledging a mistake. A prosecutor’s victory isn’t measured by a conviction rate but by the integrity of the process.
Contrast this with the defense attorney’s mission. Our job—whether representing the wrongly accused or the undeniably guilty—is to defend our client with unrelenting zeal. We don’t judge; we advocate. The Sixth Amendment guarantees every person a right to counsel, and we stand as that shield, challenging evidence, questioning procedures, and ensuring the prosecution meets its burden of proof. Our duty isn’t to the abstract concept of "justice" but to the individual before the court. Even when public opinion clamors for guilt, we fight for rights—because a system that fails one fails all.
This tension between prosecutors and defense attorneys isn’t a flaw; it’s the heartbeat of justice. Prosecutors pursue fairness on behalf of society, while we, as defense attorneys, protect the accused from overreach. Together, these roles forge a system where truth, not power, prevails.
Facing criminal charges in Galveston? Contact Brian Foley and Luis Baez at Galveston Criminal Attorneys. We’re here to defend you—fiercely, fearlessly, and without compromise.
Comentários