ipl-logo

Criminal Defense Essay

729 Words3 Pages

Introduction When an individual is given a court date for a public hearing, both the defense and the opposition are given chances to argue for or against the accused. The person in the position of defense can hire a qualified lawyer to argue on their behalf, and they would do so using different types of criminal defenses. Criminal defenses exist in a plethora of strategies and purposes to be used in a trial and heard by the judge and the jury. Attorneys and legal counsels use different categories of defenses to suit the specific cases and obtain the desired outcome. Fighting the charges brought against an individual can be done in numerous ways, and each can be very helpful to the defense.
Common Criminal Defenses
Numerous defenses exist for …show more content…

Criminal defenses can exonerate the accused and reduce the severity of the given sentence. Several categories of defenses exist and can be sorted between failure of proof, affirmative, imperfect, or perfect. If the prosecution cannot present adequate evidence to prove every element of the offense, beyond a reasonable doubt, the defendant will be acquitted; failure of proof, or denial of proof, can also be used if the defense attorney denies that a criminal element exists (Criminal Defenses 2015). Affirmative defenses are not based on the prosecution’s burden of proof. When an affirmative defense is used, the defendant brings a new issue which then needs to be addressed and proven. If the charges of the case are not dropped but the severity of the sentence has been lessened, then the defense is considered to be imperfect. A perfect defense occurs when all charges brought against the individual are dropped, and they are acquitted (Criminal Defenses 2015). Some basic claims are commonly used as defenses in criminal court cases and are used in hopes of avoiding a punishment, or at least lowering the stringency of the sentence. The defense can argue that the offender did not understand the implications of their actions, meaning they did not know the …show more content…

One example of this assertion being used could be seen if the offender had been accused of larceny, but they believed that the victim had given him the property (Justia Law 2022). This view can also be applied if the defense was intoxicated, and could not understand what they were doing. Secondly, if the individual was being harassed by someone with a knife and they killed the man, it could be argued that their crime was justified out of self-defense. Lastly, the victim could have given the offender consent to a sexual behavior, so the accusation of rape is irrelevant because of the factor of consent (Exum Law Offices

Show More
Related

  • Reaction Paper About Tavares

    796 Words  | 4 Pages

    Pure Comparative Negligence Rule Most times in self-defense, the accused puts across a countercharge against the accuser on one or more grounds. In such exceptional cases, the ‘pure comparative negligence rule’ is applied. Under this rule, the fault(s) of both the accuser are also taken into account in detail. A comparative analysis is conducted, wherein the fault(s) of both parties are compared along with submitted proof(s) to reach a conclusion.

    Read More

  • Essay On My Cousin Vinny

    1972 Words  | 8 Pages

    The United States Criminal Justice system has a unique way of approaching and handling criminal trials. In criminal trials there are important court room members with specific roles and certain court room procedures that must be followed. The court room members include the jury, the judge, the prosecution, and the defense. Some of the procedures of a criminal trial are arraignment, preliminary hearing, the trial itself, opening statements, direct examination, cross examination, closing arguments and the verdict. Each court room member’s goal is to fulfill their responsibility and to help justice be served.

    Read More

  • Case Summary: Brady Vs. Maryland, 373 US

    993 Words  | 4 Pages

    Case Summary Part 1 The prosecution is legally bound to disclose to the defense evidence that is favorable to the defendant. Three examples of the prosecutor’s obligations to disclose evidence are Brady v. Maryland, 373 U.S. 83 (1963), Giglio v. United States, 405 U.S. 150 (1972), and United States v. Agurs, 427 U.S. 97 (1976). According to Rule 3.8, “the prosecutor must make timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense, and, in connection with sentencing, disclose to the defense and to the tribunal all unprivileged mitigating information known to the prosecutor, except when the prosecutor is relieved of this responsibility by

    Read More

  • How Did Taukitoku Use The Affirmative Defense Of Self-Defense

    593 Words  | 3 Pages

    In response to the injured party, a defendant can file affirmative defenses to mitigate, or to some extent, rationalize their actions. In the Taukitoku case specifically, Taukitoku used the affirmative defense of self-defense as a rationale for the shooting. Likewise, Taukitoku may have had impaired judgment after Jacob Snyder hit him with a shovel. Self-Defense In the chain of events, Taukitoku had pulled out his gun and pointed it at multiple individuals, including the owner of the home, Jacob Snyder.

    Read More

  • Criminal Trespass Simulation Exercise Analysis

    1429 Words  | 6 Pages

    The simulation exercise prepares students for what the role of a public defender or a prosecutor entails. The preparation for the simulation includes reading over the case file and understanding what charges were brought against the defendant. Then analysis the evidence of the case. This provides the backbone for the case and deal making. Although I was not able to complete the plea portion of the simulation I have provided the reflections of my preparations.

    Read More

  • Gideon Lawsuit Defense

    1095 Words  | 5 Pages

    CSU Long Beach, Political Science Department at Long Beach Municipal and Superior Court, Long Beach CA Legal Apprentice and Researcher 1996-1997 • Conducted political research on the public defender system and provided analysis by viewing, discussing and summarizing judicial procedure(s) and Trial Judge, District Attorney, Public Defender to gain a better understanding of the efficacy of the public defender system on criminal proceedings in Long Beach and its need for key structural improvement. Accomplishments: After reading Gideon’s Trumpet as a context by which to explore and analyze the public defenders system and the social injustices that often occur, as reference by the main characters denial of his legal right to receive legal counsel in his defense in a Florida court; I related my reading and first hand experiences, observations and findings on the efficacy or lack thereof of the Public Defenders system to supervising professors at the CSU Long Beach, Department of Political Science in an attempt to suggest needed improvements to the criminal justice and judicial system. CSU Long Beach, Office of Affirmative Action - Long Beach,

    Read More

  • Review Of Indefensible By David Feige

    1415 Words  | 6 Pages

    David Feige’s Indefensible: One Lawyer’s Journey nto the Inferno of American Justice invites people from all walks of life to a second hand experience of the criminal justice system hard at work. What is most interesting about Feige’s work is its distinct presentation of the life of a public defender in the South Bronx. Instead of simply detailing out his experiences as a public defender, Feige takes it a step further and includes the experiences of his clients. Without the personal relationships that he carefully constructs with each of his defendants, Feige would not be able to argue that the criminal justice system is flimsy at best, decisions always riding on either the judge’s personal attitudes or the clients propensity towards plea bargaining.

    Read More

  • Essay On Henry Alford Case

    1048 Words  | 5 Pages

    Defendants are in great pressure to lie to their counsel regarding guilt or innocence. If the defendant decides to admit his or her guilt, it makes it difficult to help the defendant. Or if the defendant lies about involvement it is difficult to negotiate plea bargains or the plea agreement given. This scenario poses an ethical dilemma for the attorney, which is to permit a client to lie in court and plea guilty when they indicted their innocence. With the plea bargain the defendant is able to freely tell the truth with the knowledge that plea bargain will exist whether he denies guilt or not.

    Read More

  • Does Plea Bargaining Affects The Criminal Justice System

    331 Words  | 2 Pages

    • The Constitution is weakened by the excessive use of plea-bargaining to avoid a trial. Research has shown that criminal defendants who exercise their Sixth Amendment right to trail by jury are more severely punished than those who accept plea bargains (Devers, 2011, p. 2). It is assumed that plea-bargaining weakens the criminal justice system by allowing violent criminals to plea out of serious charges and putting the disadvantaged and potentially innocent or partially innocent in a position where exercising their constitutional right to a trial by jury is too risky of an option. Prosecutors are required by the state to carry the burden and prosecute the accused.

    Read More

  • Pros And Cons Of Plea Bargaining

    1023 Words  | 5 Pages

    The charge given to the defendant, in theory, limits the penalties faced if the defendant decides to go to trial. Even though being found innocent is the best possible outcome for someone

    Read More

  • Most Common Strategies Used By Drug Crime Defense Attorney

    508 Words  | 3 Pages

    Drug crimes are serious offenses that can lead to significant legal consequences. If you are facing drug crime charges, it is essential to work with a skilled drug crime defense attorney who can help you navigate the legal system and protect your rights. There are several different strategies that drug crime defense attorneys may use to defend their clients. Challenging the Evidence One of the most common strategies used by drug crime defense attorneys is to challenge the evidence that the prosecution has against their client. This could involve questioning the legality of the search and seizure, the chain of custody of the evidence, or the reliability of any witnesses or informants.

    Read More

  • Criminal Cases: The O. J. Simpson Case

    169 Words  | 1 Pages

    Since the stakes are so high in these cases, there is a high burden of proof on the prosecution. The prosecution must prove the defendant’s guilt “beyond

    Read More

  • Examples Of Wrongful Conviction

    427 Words  | 2 Pages

    Incentives a defendant may receive from the prosecution might be a reduced sentence or early parole. -additionally, some accused realize despite their factual innocence the prosecution has a strong case against them with many ill-informed witnesses, police documents, and other evidence. Prosecution has vast resources from the state. Whereas, accused has limited resources. -realizing that the chances of receiving a not guilty verdict is nearly impossible despite being innocent the accused pleads

    Read More

  • Plea Bargaining Essay

    817 Words  | 4 Pages

    Through plea bargaining, the prosecution may decrease the number of charges against the defendant and suggest a more lenient punishment, such as probation. In exchange for a guilty plea, the prosecutor may also offer to change the charge to one that is deemed more socially acceptable. Defendants have three plea options - guilty, not guilty, and nolo contendere. A

    Read More

  • Essay On Chicago Crime

    562 Words  | 3 Pages

    The administration will need to take into account the fact that the overall crime rate is decreasing, even as murder rates climb, when they are making decision as to what laws to enact. Anyone who is accused of murder needs legal representation immediately. We are a full-service criminal defense firm and can assist persons charged with crimes from the lowest misdeamon to the highest level felonies. There are a number of defenses that may be employed in this situation, and we are work to determine which is the best for the defendant 's situation.

    Read More

More about Criminal Defense Essay

Open Document