The role of the lawyer in the USA

The role of the lawyer in the USA

 

The role of the lawyer in the USA The role of the lawyer in the USA

The American lawyer intervenes as soon as the suspect is arrested.

In America, the victim is not bound by res judicata in criminal matters and can sue for compensation for his injury in civil jurisdiction.

In the United States, pre-trial detention is very exceptional because, by virtue of the presumption of innocence, the accused always has the right to post a bond as a guarantee of representativeness and therefore remains free until trial. There are also surety companies whose business is to meet this requirement.

The American lawyer has the right to investigate, speak to witnesses, gather evidence, speak in public about his case without fear of being accused of obstruction of justice, or of breach of confidentiality of information. . He is present from the 1st hour. The police investigation is locked up under conditions of respect for the rights of the defense much stricter.

In the USA, once the judicial investigation has been completed, it is up to the Public Prosecutor, (The District Attorney), to prove the guilt of the accused before the jurors, and this proof must be made by the production of exhibits and by the examination of witnesses and experts at the trial hearing A lawyer employed by the Office of the Prosecutor will have to plead the case on an equal basis with the defense lawyer.

At the trial hearing, which may last several days in a row, the defense lawyer and the prosecution lawyer will "carry out the trial" under the supervision of the judge who only intervenes to punish abuses. 'interrogations or other digressions likely to influence the jury to the detriment of the presumption of innocence, and to deal with incidents.

In this way, nothing is acquired by the prosecution before the trial, except on the assumption of a "guilty plea" (plea Bargain).

When it comes to the main principles of the American accusatory trial, the American nation has been built around a unifying principle postulating the primacy of the individual over the state. It gave itself a constitution which it has managed to keep by amending it over time and adding a list of fundamental rights with constitutional value (Bill of rights).

The American conception of the separation of powers then allowed the Supreme Court to legislate through case law. The concept of a fair trial emerged as part of the fundamental public freedoms guaranteed by the constitution. The "Free Standing Due Process" or rules of fair trial implicitly included in the constitution cover: Police investigations, legal proceedings, decisions taken under a "plead guilty" agreement, decisions rendered after judgment; the execution of sentences, appeals.

In all these areas, the Supreme Court exercises its control over respect for the principle of a fair trial which must ensure the widest possible access by the accused to evidence, transparency and procedural fair play, the presumption of innocence, the taking into account of all the elements.

All these rules offer formidable protection not only to honest people but also to criminals. This is the reason why the American procedure from the 1970s developed the "plea Bargain" or plea guilty. 90% of criminal convictions in the United States result from a "Plea Bargaining" procedure. But defense lawyers weigh in on whether or not it is appropriate to compromise.