Defense in a Criminal Process
In a criminal trial, the government must prove guilt beyond a reasonable doubt. A defense attorney can present evidence to deny the charges or raise reasonable doubt.
Negative Defenses
Mistaken identity: Prove that the witness was wrong.
Alibi: Prove that the accused was somewhere else.
Affirmative Defenses
Self defense: Admit the action but under circumstances that deny criminal responsibility.
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Criminal Defense Strategies
- Criminal defense strategies vary from case to case and change as the process progresses or new details about the crime emerge.
- Influence of the Prosecutor: The defense also depends on the prosecutor's approach and the attorney's ability to counter his allegations.
- Strategy Change: Sometimes the strategy changes based on the evidence presented by the prosecution and witness statements.
- Generally, a successful defense introduces reasonable doubt as to whether the defendant committed the crime.
Example
The defense attorney proved that the defendant was not at the crime scene using an alibi. The prosecutor presented witnesses and a video to prove otherwise. The defender questioned the video, arguing that it did not show what the prosecutor claimed, and maintained that, although the defendant was present, he was not guilty.
Criminal Defense Strategy
The criminal defense strategy is decided before the trial, but may change during the trial.
The type of case and the defendant's background influence the strategy. It is not the same to defend someone with a criminal record and violent crimes as someone involved in domestic violence without criminal intent.
Typical defenses in the US:
1. Report police misconduct.
2. Present the accused's alibi.
3. Allege absence of probable cause.
4. Invoke self-defense.
5. Claim insanity ("insanity").
6. Argue prescription of the case.
7. Raise constitutional principles.
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