Back to School Offer

Get 20% of Your First Order amount back in Reward Credits!

Get 20% of Your First Orderback in Rewards

All papers examples
Get a Free E-Book! ($50 Value)
HIRE A WRITER!
Paper Types
Disciplines
Get a Free E-Book! ($50 Value)

Types of Criminal Defenses, Essay Example

Pages: 3

Words: 733

Essay

Criminal Defense Styles

In order for any perceived criminal to be prosecuted, the prosecution has a big role to play in proving that the criminal defendant is guilty beyond what is called in law ‘reasonable doubt’. During the whole process of hearing the case, the defendant is always given an opportunity to defend himself/herself. This is usually achieved by the defendant trying to disapprove the prosecution using evidence that show that he/she was not involved in committing a particular crime.

Two cases arise in which the defendants’ position could be one in which he/she opposes or denies the claim that he/she committed the said crime or the position in which he/she accepts that he/she committed the said crime but is willing to add a justification of his innocence.

The Case in which the Defendant’s position is ‘I Didn’t Do It’

Defendants in most cases always try to use strategies that will enable them to avoid the punishment for the crime committed. This therefore results into the following styles of defense.

The best example of such a case is the case in which the motivational speaker Michael Lane appeared before James Bixler and was charged of murder. He had been accused of using a deadly weapon to murder Ginger Candela who was 44 years old. The trial was scheduled to be held on January 10, 2011. Michael was later on sentenced to life imprisonment after the full trial of the case.

Presumption of Innocence until Conviction

Legally speaking, any person that is accused of committing any criminal act is presumed innocent until proved guilty of committing the crime. One can be declared guilty by the jury either by the results from the trial process ort as a result of the person pleading guilty. Under this style of defense, the defendant may decide to remain silent, present no witness and hold the argument that the prosecution failed on its part to prove the case. In the event that the prosecutor does not substantively prove to the jury that the accused is guilty, the defendant who is also the accused is set free (Legal Encyclopedia). Michael Lane was therefore presumed innocence until the tenth of January when the ruling was made.

Beyond Reasonable Doubt

In this style, the prosecutor has an uphill task of convincing the judges that the evidence placed in the court is a clear indicator that the accused is guilty without creating any doubts. Judges are always expected to address all the doubts that may reasonably arise from the defendants’ guilt. The defendants’ defense in most cases is alluding that there still exists a reasonable doubt. In Michael’s case the prosecution delivered the evidence that addressed all the doubts that would arise from the ruling of the court.

The case in which the defendant’s position is ‘I Did It, But…’

In some cases the defendant does not get punished for a crime even if the prosecution proves beyond any reasonable doubt that the defendant is guilty. The judges may consider other factors that might have triggered the commitment of the crime.

An example is the one in which a sixteen year old high school student was charged of fatally stabbing and killing another teenager Philip Geller. The teenager action was as part of the plea to bargain for a better sentence as they had agreed with the state prosecutors. Initially the state prosecutors had decide to make the teenager be charged of the murder but they later on changed their minds after having concluded that the teenagers action had not been premeditated.

This kind of crime gives rise to the following styles of defense (Legal Encyclopaedia).

Acting under Self-Defense

This kind of defense is commonly applied or used by those charged with violence related crimes like battery, assault by the use of weapons or, even in some extreme cases, murder. The defendant does not deny the fact that he committed the crime but he also defends his actions to some extent believing that it was the necessary thing to do considering the other person’s actions which were threatening. In this case for example, the teenager claimed that Philip started assaulting him and this forced him to act quickly in order to save himself from the assault but unfortunately Philip died. It is however important to note that a person acting in self defense should not use excessive force, for this might be interrupted as a crime (Legal Encyclopaedia).

References

Defenses to Criminal Charges. (n.d.) In Legal encyclopaedia online. Retrieved from

http://www.nolo.com/legal-encyclopedia/defenses-criminal-charges-30275.html

Time is precious

Time is precious

don’t waste it!

Get instant essay
writing help!
Get instant essay writing help!
Plagiarism-free guarantee

Plagiarism-free
guarantee

Privacy guarantee

Privacy
guarantee

Secure checkout

Secure
checkout

Money back guarantee

Money back
guarantee

Related Essay Samples & Examples

Prevent terrorist strikes on American soil, Essay Example

Goal, Objectives, and Strategies The Department’s goal is to protect the homeland by thwarting terrorist threats and implementing emergency plans. These are the Department’s top [...]

Pages: 1

Words: 412

Essay

Science and Technology and Nation-Building, Essay Example

Science plays a pivotal role in technology. The combination of science and technology (S&T) results in the development of new knowledge used to improve human [...]

Pages: 3

Words: 768

Essay

Plato’s Portrayal of Socrates and the Historical Socrates, Essay Example

Socrates, the Athenian philosopher, changed how philosophers thought about the world. However, modern audiences believe that Socrates did not write any of his ideas down [...]

Pages: 5

Words: 1285

Essay

Narratives That Shape Our World, Essay Example

The context and the values in the text Othello by William Shakespeare have shaped me in perspective through the main character Othello. I perceive life [...]

Pages: 6

Words: 1574

Essay

Cyber Security Career Path, Essay Example

Background The field of technology is quite intriguing. It’s fascinating to see how different technologies operate and what they have in common. It amazes me [...]

Pages: 7

Words: 1796

Essay

Impacts of Wildfires on Us GDP Growth, Essay Example

Abstract When there are significant wildfires, the lives of workers, their families, and their employers are all affected. However, firefighting and repairing the damage may [...]

Pages: 19

Words: 5176

Essay

Prevent terrorist strikes on American soil, Essay Example

Goal, Objectives, and Strategies The Department’s goal is to protect the homeland by thwarting terrorist threats and implementing emergency plans. These are the Department’s top [...]

Pages: 1

Words: 412

Essay

Science and Technology and Nation-Building, Essay Example

Science plays a pivotal role in technology. The combination of science and technology (S&T) results in the development of new knowledge used to improve human [...]

Pages: 3

Words: 768

Essay

Plato’s Portrayal of Socrates and the Historical Socrates, Essay Example

Socrates, the Athenian philosopher, changed how philosophers thought about the world. However, modern audiences believe that Socrates did not write any of his ideas down [...]

Pages: 5

Words: 1285

Essay

Narratives That Shape Our World, Essay Example

The context and the values in the text Othello by William Shakespeare have shaped me in perspective through the main character Othello. I perceive life [...]

Pages: 6

Words: 1574

Essay

Cyber Security Career Path, Essay Example

Background The field of technology is quite intriguing. It’s fascinating to see how different technologies operate and what they have in common. It amazes me [...]

Pages: 7

Words: 1796

Essay

Impacts of Wildfires on Us GDP Growth, Essay Example

Abstract When there are significant wildfires, the lives of workers, their families, and their employers are all affected. However, firefighting and repairing the damage may [...]

Pages: 19

Words: 5176

Essay

Get a Free E-Book ($50 in value)

Get a Free E-Book

How To Write The Best Essay Ever!

How To Write The Best Essay Ever!