What Are The 3 Systems Of Defense Lawyers?
Criminal defense law is an area of law that deals with issues having to do with criminal charges. Today, there are many systems of defense lawyers in use, and it is often the responsibility of an experienced criminal defense lawyer to identify the best system for a particular trial.
Whether you're defending yourself, or someone else, it is important to be conversant with the major criminal defenses. This article will discuss the three major types of criminal defenses to help you and your lawyer decide the most suitable for your case.
Actual Innocence Defense
The actual innocence defense is the ability to prove your innocence after being found guilty of a crime. If you believe you were wrongly convicted, hiring a professional defense lawyer who can help you fight for your freedom is essential. While it might seem like an overwhelming task initially, with the help of an expert, you can do it.
Actual innocence defense involves presenting evidence of innocence and supporting the claim that you were at no fault in an accident, theft, or any other criminal offense charged against you. An experienced lawyer will work with you to develop arguments that support your innocence.
In such cases, your attorney will look at all of the evidence collected by law enforcement and determine whether or not it proves or disproves your guilt. This includes looking at things such as:
- Witnesses and their testimony
- Physical evidence found at the scene or in your home
- The crime scene itself
- DNA test, if applicable
Although the actual innocence defense does not stop the prosecution from proving to the court that you are guilty of the crime, your solid evidence will help you counter the prosecutor's claims easily. Below are the steps involved in using this defense system:
- Explain the truth and your innocence in the clearest way possible.
- Document and prove that you were not at the scene of the crime or involved in any wrongdoing.
- Talk to legal experts about how best to proceed with your case.
Constitutional Violation Defense
The constitutional criminal defense is a type of legal defense that focuses on the defendant's rights under the constitution. It can be used in cases where the defendant's rights have been violated or if the government has crossed a line, such as by using excessive force.
In the United States, violating someone's constitutional rights is a crime. This can include actions such as denying someone their right to due process or refusing to protect someone's freedom of speech. The constitution provides that all people are entitled to equal treatment under the law, and this includes those who have been arrested or charged with a crime.
However, before you use this defense system, it is important to know what your rights are, when, and how you can use them. If you've been arrested for a crime and you're unsure about your rights, below are tips you are tips on what to do:
- Consult an attorney before making any statements or signing any documents.
- When speaking with the police, be polite but firm. If they ask you uncomfortable questions, politely tell them that you do not want to answer those questions until after consulting an attorney.
- Do not provide them with any information about yourself or anyone else without speaking with an attorney first. This includes giving them your full name and address.
Examples of common constitutional violations include:
- Not given the right to a speedy trial.
- Not given the right to an attorney.
- Illegally searching for evidence from the vehicle or home of the defendant.
- Forcing a confession.
- Failure to read the defendant's Miranda warning.
Insanity criminal defense is a legal defense that an individual can use if they are accused of a crime. It is based on the fact that their mental state at the time of the crime was not in the right place (mentally unfit) and therefore, cannot be held responsible for their actions.
Insanity criminal defense is also known as an insanity plea and is usually presented as a defense to charges of murder, rape, and other serious crimes. If you are convicted of a crime even though you believed that you were not responsible for your actions because of mental illness, then you may be able to use an insanity plea to reduce or dismiss your sentence.
For example, suppose someone commits an armed robbery and suffers from paranoid schizophrenia that causes them to believe that everyone around them is plotting against them and planning on harming them in some way. In that case, this person will likely be able to use this type of plea to avoid being convicted of robbery charges altogether.
For this defense to apply, the defendant must prove that at the time of the crime, they were incapable of distinguishing right from wrong due to mental illness. Many types of mental illness could be used as an insanity defense. However, here are some of the major conditions that courts have consistently accepted as legitimate grounds for an insanity defense:
- Bipolar disorder
- Dissociative identity disorder
- Major depressive disorder
- Anxiety disorder (panic attacks, phobias)
The first step in using this defense system is finding an attorney who specializes in this area. Ensure you find someone with experience working on these kinds of cases and who has a reputation for winning them.
There are three main types of insanity defenses: intellectual disability (mental retardation), emotional disturbance, and mental illness. If you're facing a criminal charge and believe your case could benefit from an insanity defense plea, ensure you contact an experienced criminal defense attorney immediately.
The three major criminal defense systems are used in various ways. However, it takes only an expert in the legal field to decide the best defense system for every trial. No matter what your situation is, a competent attorney always knows how to come out of a sticky situation and get your charges reduced or even dropped.
More to Read:
comments powered by Disqus