
In the words of my professor, Mark Levy, J.D., “Defense attorneys serve to hold prosecutors accountable.” When I first heard this, it resonated with me. I never thought about the deeper implications of the defense attorneys’ role in the justice system. Additionally, interning at the District Attorney’s Office, I always thought about trials from the prosecutor’s perspective, where the primary objective is to prove guilt. Now that I’ve ruminated on this new perspective, I’ve realized just how essential defense attorneys are. They don’t just protect the rights of the accused; they keep prosecutors—and the justice system as a whole—in check. Their work is vital to the justice system’s checks and balances.
In legal procedure, the burden of proof falls on the prosecution. They must show that a defendant committed a crime “beyond a reasonable doubt.” Essentially, this means that the evidence must be so strong and convincing that there is no reasonable uncertainty in a normal person’s mind about the defendant’s guilt. This standard exists because the consequences of a guilty verdict are serious: deprivation of liberty and, in some cases, life. The defendant is innocent until proven guilty. This system is designed to err on the side of caution and protect individuals from wrongful conviction. For example, a man could be accused of stealing a car, and there could be tangible footage of him driving off in the car after another man accidentally kept it running. However, the defendant could still claim that he accidentally got in the wrong car and didn’t intentionally steal it. Therefore, it is up to the prosecution to use all the evidence that they have to prove that he is guilty “beyond a reasonable doubt.”
While prosecutors have a challenging role in proving all parts of a case, they also hold certain advantages in court, such as law enforcement, investigators, and the natural trust of juries who assume they represent the law. As such, without strong checks, it would be too easy for prosecutors to lean on these powers. That’s where defense attorneys come in, as they question evidence, test the reliability of witnesses, raise constitutional concerns, and ensure adequate proof is given for every detail. It is the efforts of defense attorneys that force prosecutors to meet the high burden of proof the law requires.
However, defense attorneys don’t exist to needlessly poke at the prosecution; they exist to make sure they play fairly. “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial… and to have the Assistance of Counsel for his defence.” The Sixth Amendment guarantees the right to counsel precisely because the stakes are so high. Without a defense attorney, a defendant would face an unfair fight against the full power of the state. Defense lawyers, therefore, are not “getting criminals off the hook.” They are ensuring that trials are fair, that evidence is lawfully obtained, and that the presumption of innocence is enforced.
Even when a defense attorney loses, their work matters. They’ve made the prosecution earn the verdict by proving the case beyond a reasonable doubt. That process strengthens public confidence in outcomes, because convictions reached under scrutiny often feel more legitimate than those obtained too easily.
Defense attorneys also remind us that defendants are still people. Although some defendants are serious criminals, many others were led to crime by poverty, addiction, desperation, or their environments. And of course, many are innocent altogether. Defense attorneys see their clients as individuals and advocate not only for acquittals but also for rehabilitation or proportional sentencing. They make the courtroom more human, reminding prosecutors, judges, and juries alike that justice is not abstract—it affects lives.
From my work at the DA’s office, I’ve come to see how defense attorneys push prosecutors to do better. A strong defense exposes weaknesses in our cases, forcing us to re-examine evidence and anticipate counterarguments. That challenge sharpens our work. Conversely, weak defense can undermine the process. A conviction that comes too easily risks the perception of unfairness, eroding trust in the system.
The American criminal justice system is adversarial by design. Prosecutors push forward the state’s case, and defense attorneys test it. Judges and juries weigh the results. Neither side can achieve true justice alone. The delicate tension between the two is what creates balance. Of course, the system isn’t perfect, as inequities, resource gaps, and human error all shape outcomes. But without defense attorneys challenging the forces of prosecution, the balance would collapse. They are not enemies of justice; they are a part of the process that makes it possible.
Prosecutors and defense attorneys may stand on opposite sides of the courtroom, but they still share the same responsibility of ensuring that when a verdict is reached, it is one the system can stand behind. They may clash and frustrate each other, but they depend on one another to keep justice fair and check each other.
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