write a paper comparing and contrasting the role of the defense counsel with that of the prosecutor. Do you think that the defense council is the same as a defense attorney, I just think that this homework question is kind of vague without a lot of detail so I was thinking maybe someone could help with more insight if tey have done this assignment before or understand exactly what they are asking. Is there a difference between council and attorney on both the defense and prosecuting side?

Both are lawyers, but the defense attorney is committed to defending his/her client. The prosecutor acts for the state and is committed to seeing that the law is accurately administered.

Read these sites carefully.

http://www.wisegeek.com/what-is-a-defense-lawyer.htm

http://en.wikipedia.org/wiki/Prosecutor

Right but are attorney and council the same thing?

Attorney and council are not the same.

http://dictionary.reference.com/browse/council

But attorney and counsel can be the same.

http://dictionary.reference.com/browse/counsel

To write a paper comparing and contrasting the role of the defense counsel with that of the prosecutor, you need to understand the responsibilities and objectives of each role in the legal system.

The Defense Counsel:
The defense counsel, also referred to as the defense attorney, represents the defendant in a criminal case. Their primary responsibility is to protect the rights of the defendant and ensure a fair trial. The defense counsel's role involves the following:

1. Advocacy: The defense counsel advocates for the defendant's interests throughout the legal process. They present arguments, question witnesses, and challenge evidence in an attempt to create doubt about the defendant's guilt.

2. Legal advice: The defense counsel provides legal guidance to the defendant, explaining their rights, potential consequences, and available legal strategies. They may advise on plea bargains, provide legal opinions on the case, or negotiate with the prosecution.

3. Case preparation: The defense counsel investigates the case, gathers evidence, and builds a defense strategy. This may involve interviewing witnesses, hiring experts, examining forensic evidence, or challenging the prosecution's case.

4. Court representation: The defense counsel represents the defendant in court proceedings, including arraignments, bail hearings, motions, pre-trial hearings, trial, and sentencing. They present the defendant's case, cross-examine witnesses, and make legal arguments.

The Prosecutor:
The prosecutor, also known as the prosecuting attorney or state's attorney, represents the state or government in criminal cases. Their primary goal is to establish the defendant's guilt and secure a conviction. The key responsibilities of the prosecutor include:

1. Seeking justice: The prosecutor's duty is to seek justice by upholding the law, protecting public safety, and holding individuals accountable for their actions. They work to secure a fair trial while pursuing convictions that serve the interests of society.

2. Case preparation: The prosecutor reviews the evidence collected by law enforcement, interviews witnesses, and consults with relevant experts. They determine whether there is sufficient evidence to proceed with criminal charges.

3. Legal advocacy: The prosecutor presents the state's case against the defendant in court. They examine witnesses, present evidence, and make legal arguments to prove the defendant's guilt beyond a reasonable doubt.

4. Charging decisions: The prosecutor has discretion to decide whether to file charges against a person and determine the severity of those charges based on the evidence and applicable laws.

Regarding the terms "council" and "attorney," they are often used interchangeably, but there might be regional differences. In general, "counsel" refers to legal advisors, whereas "attorney" refers to a licensed legal professional representing clients in court. Both terms can be used for defense and prosecuting attorneys.

As for the vague nature of your assignment, it is always helpful to seek clarification from your instructor about any unclear instructions or requirements to ensure you address the specific aspects they want to be covered in your paper.