ABSTRACT
A defense lawyer does not inquire into a client’s guilt or innocence. It is not in the client’s best interest to confess guilt, and most clients do not. The legal burden generally borne by the defendant can be summed up succinctly: none. It is the responsibility of the defense lawyer to ensure that the defendant receives a fair trial and that neither the prosecution nor the court trespasses on the due process rights of the defendant. The state generally has the responsibility to carry the burden of proof. Police are subject to greater personal scrutiny than any other type of witness. The defense need not worry about the impression the jury will get from harsh treatment of the testifying witnesses. The prosecutor has the responsibility to establish through competent testimony that the crime with which the defendant is charged has occurred in an area over which the court has authority.
