When a person is convicted of a crime in the US criminal law,the prosecutor has to prove in the court that the person has committed the crime and that the accused is guilty. However, this is one side of the picture; as federal criminal law gives the rightto the defendant to defend his or her stance and provide the evidence.
Althougheach criminal case may be different from the other, however,there are various kinds of defense that the defendant can employ during the trial.
Let’s read on to find out:
Proving the Crime in the Court:
A person accused of a crime is innocent until proven guilty both in the trial or pleading guilty. This scenario refers to the fact that not only the prosecution hasto convince the court but if the defendant chooses not to defend, he or she does not need to prove in the court. Moreover, if the prosecution fails to prove, the defendant cannot be convicted by the court. The jury or the court must resolve all the doubts in favor of the defendant.
The Complete Denial of the Crime:
The denial of the crime is one of the most common kindsof defense. The defendant denies wholly all the charges of the prosecution against him or her. The defendant, most often, tries to avoid the penalties by denying the crime completely and claim by showing something contradictory and incompatible with the evidence. For instance, the defendant says that the actual perpetrator was right-handed, but I am left handed, this can be used as the defenseagain the criminal charges.
The Defense of Alibi:
An alibi refers to a defense when the accused shows the evidence that he or she was somewhere else when the crime was committed. For instance, if John is accused of robbing the shop at 10:00 PM on a certain day, John can provide evidence that he was out of town with his girlfriend when the robbery occurred. This way John can use this evidence as an alibi defense.
Accept and Explain the Story:
This type of defense comes between a confession and denial of the crime. This means that the crime has a legal justification. Such scenarios occurwhen the prosecutor shows that the defendant actually did the crime, and (or) the defendantadmits to committing the crime.
For instance, if the defendant admits that he or she did so in the wake of the life-threatening actions of the prosecutor in a homicide or battery case. In such cases the question of initiating action arises such as who initiated the confrontation, was the defendants’ self-defense action was necessary and reasonable one or not or was the severity of the action was reasonable under particular circumstances.
The insanity defense is also one of the popular kind of defense in a criminal case. In this type of defense, the penalties are appropriate only when the accused is able to control his or her actions as well as has a fullunderstanding of what the defendant was doing wrong while committing the crime. This defense is extremely complicated to prove and rarely used and upheld. Even if the defendant is found not guilty on this basis, the person will be sent to a mentalinstitution for the rest of the life, and not set free.
Given the low IQ as a defense, the defendant is not punished as he or she is not insane technically but does not understand the consequences of her actions.
Entrapment is considered as a defense when the government instigates a person to commit a crime and then punishes him or her, actions that the person did not intendto commit otherwise. For instance, if an undercover officer asks a person to buy drugs and threatens in case the persons resist. But the person may still be convicted if the jury believes that the person was predisposed to the crime.
In order to for these ways of defense to be successful, the accused must hire the services of a criminaldefense attorneywho guides the person about what type of defense would be appropriate with the potential pros and cons.
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