...Criminal Defenses One of the greatest rights afforded to the America people is the right to be considered innocent until proven guilty in the court of law. It is the job of the prosecutor to prove to the people, to the jury, and to the court that the accused is guilty of a crime. If the prosecutor has a valid case, the accused, either on his or her own or accompanied by a skilled attorney, can present various defenses to argue why they acted in the manner they did. Schmalleger (2010, pg. 114) states, “A defense consists of evidence and arguments offered by a defendant and his or her attorney(s) to show why that person should not be held liable for a criminal charge”. This paper will discuss various forms of criminal defenses and how they are used in court. Justification Defense While the courts usually require the prosecutor to prove beyond a reasonable doubt that the defense is guilty of a crime, the defense can take an offensive role in their trial by taking an affirmative defense. Instead of sitting back and waiting for the prosecuting attorney to attempt to prove the defendants guilt, the defendant can “fight” back with defenses. The following are types of affirmative defenses: Necessity The defense of necessity claims that the defendant believes it was necessary to commit the criminal act in order to prevent or avoid great harm (Schmallege, 2010 pg 116). An interesting case that was upheld as a good defense of necessity was people vs. lovercamp (1974) where inmate...
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...Criminal Defense Case Analysis Melissa Bowman CJA/305 January 30, 2016 Jerri Green Introduction This paper will go over two cases that explain the nature and types of defense used and the evidence used to demonstrate the defense. The first case explained will discuss Andrea Yates, a mom who killed her five children on grounds of insanity. The next case Jean Harris also claimed to be insane and by accident killed someone by accident as she tried to commit suicide. It will also address how justification and excuse play a role in the cases. Lastly, the outcomes of each case will be given. Explain the nature and types of defenses used in the cases and what evidence was used to demonstrate the defense. There are multiple types of defense, justification and excuse are affirmative defenses. This is when it must be raised or asserted by the defendant independently of any claims made by the prosecutor. The first case to be explained is about Andrea Yates, the type of defense she chooses was innocence by reason of insanity Andrea Yates Biography. (2016). She had cited postpartum psychosis. Yates was treated for postpartum depression and psychosis; they showed that the illness ran in her family. The birth of her fifth child and death of her father was shown as a reason she fell into a severe depression. She had been admitted to Devereux-Texas Treatment Network and was put on psychotropic drug treatments Andrea Yates Biography. (2016). She was accused of drowning all five...
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...spirit of protecting human rights, criminal defense effectiveness is a practice to solve and important problem in theory have to consider. The current study are "cookie-cutter" to defend the effectiveness of implementation in the hope of improvement of the system of criminal procedural law on defense. Although the effects of related program design is an important factor in achieving effectiveness to defend, in today's defense system is increasingly perfect, defense effectiveness problem especially criminal entity effectiveness is cured, the most fundamental problem actually lies not in the program system is imperfect,...
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...When an individual is charged with a criminal act they need to appear in court and this individual is considered the defendant. The defendant and their attorney will attempt to prove that the prosecution is wrong and that the defendant is in fact not guilty. With this there are various types of defenses available. These types of defenses are described below. Insanity Defense – One of the most argumentative types of defenses available is the insanity defense. In this type of defense, the defendant’s attorney attempts to show that the defendant is insane and is unable to be held responsible for the crime that they have committed. In this type of defense, there are two different plea options that are available to the defendant, not guilty due to mental illness and psychologically ill. One needs to be sure they understand the difference between the medical and legal position of psychological insanity and illness. In medical terminology, psychological illness can be any type of disaster that shocks an individual’s mind. Any individual can be affected by an illness during any given period of time and there is not any real categorization as to what could decide whether an individual is insane or not (“Addington v. Texas”, n.d.). For example, an individual might be suffering due to a psychological illness and could still be capable of holding down a job as well as carry out everyday activities needed to live. As far as the medical field goes there is no such thing as insanity, and psychological...
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...been charged with drug crimes, or have come under investigation for them, hiring a criminal lawyer should be the first thing you do. Many people discount how important it is to have effective legal representation - often at the expense of their freedom. With the money and resources that are available to the prosecution, it's essential that you have the right person on your side. Bear in mind that there are two types of attorneys: one type is the inexperienced attorney or public defenders; the second type is the experienced attorney. The difference between the two is that one will advise you, more often than not, to take a plea bargain the lead prosecutor may suggest to you. However, the experienced criminal defense attorney will weigh the options and help you to determine if you should take a plea...
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...Criminal Defense Analysis CJA/354 July 18, 2011 Criminal Defense Analysis To define what criminal defense is there should be a clear understanding of what criminal law is before analyzing the various levels of defense. According to Worldwide Legal Directories (Criminal, n.d.) the term criminal law or penal law is defined as the prosecution from high levels toward an individual for an act that has been categorized as an offense. As a group of laws that consists of common and statutory laws, they are distributed according to the crime and sentences involving the illegal offense. When crimes are committed they will be classified by either misdemeanor or felonies based upon the degree of the crime that had been committed and what form of punishment may be granted will differ. After a crime has been committed and the individual who is responsible has been caught, they will begin the process involving “criminal defense.” When an individual breaks the law, there are various forms of defense that he or she may be eligible in using in regard to the charges that are being brought up against them. During the process, there maybe one or more defenses’ that will be used during the defendants criminal trial. Types of Defense’s When a person has been accused of a crime, he or she are given a chance to plead his or her fate during the trial process. This process is done during the arguments of the trial and submission of evidence proving their innocents. A defendant and his or her...
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...Criminal Defense Case Analysis Paper Brandy Alston University of Phoenix Criminal Law CJA/343 Professor Joseph Wade March 1, 2012 Criminal Defense Case Analysis Paper Many individuals are aware of the process that lawyer go through to convict an individual. The prosecution has to prove a reasonable doubt that the defendant is guilty of a crime, the accused does not have to present evidence for the innocent. The Fifth Amendment is the United States constitution states a defendant is not compelled to under oath criminate themselves, however in most cases the defendant want the chance to prove their innocent in court by having a defense. Criminal law is define as a code, rules, or statute that prohibits the conducts this is prohibit in region or state, federal government. However, when laws results in violations where the individual charged with the crime and haul off to jail. Although once the individual charged, they have the right to defend themselves in court with legal representation. This paper aims to examine and identify the different kind of criminal defense used in a criminal trial. This paper will discuss the two common defenses used in our justice system legal I did it but and factual I did not do it, the defense I did not do it means presumption of innocent and the defense I did it but means guilty with reason. Factual defense is the legal defense offers two group defense excuse and justification that has six categories for them. In justification...
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...How Bloomington DUI / Criminal Defense Lawyers Can Help You DUI lawyers are criminal defense lawyers with knowledge and skills in the criminal defense arena handling driving under the influence (DUI), and DWI (driving while intoxicated) cases. These attorneys are experts in the specific DUI laws pertaining to the state he or she practices. If you are arrested for drunk driving in Bloomington, hiring a DUI defense attorney is a wise decision. One of the important roles of a DUI criminal defense lawyer is to protect the rights of the accused. These lawyers are bound by the law to assist their clients by making sure they are treated fairly by the criminal justice system. A criminal defense lawyer acts as an advocate for the accused doing everything...
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...Criminal Defenses and Criminal Punishments Evelyn Diaz Strayer University LEG 320 Criminal Law Prof. Stratis-Malak May 23rd, 2014 Criminal Defenses and Criminal Punishments When determining if the use of force is lawful or justified by the court, various key points involved would have to be evaluated before deciding whether or not the use of force was warranted. Depending on the state statue, for example, if someone uses a Self-Defense and the Defense of Others approach in a court of law, the court would need to take into account three important key points that need to be involved. One being, if the act done by the other person was unlawful, if so, then it would be considered justified; secondly, if the act or force was immediate and necessary to defend yourself; and lastly, if the circumstances were reasonable enough to warrant the amount of force applied in the act. When determining the reasonableness of force used, one would have to take into account the relationship of those involved along with their size and age, and whether the assault was aggressive, and the type of weapon used (Gardner, & Anderson, 2012). Another approach to take when determining lawfulness of the use of force would be, the use of Deadly Force in a Self-Defense or the Defense of Others, would be the Stand Your Ground Law, a Florida Statute, that if and when a person feels that they are in fear of their life, and believe that they are in danger, then they have the right to defend themselves...
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...The defence of provocation is covered in sections 268, 269 and 304 of the 1899 Queensland Criminal Code. Murder charges can be reduced to manslaughter with the successful application of this defence, assault charges can be fully absolved through this defence (Caxton Legal Centre , 2016). The defence of provocation is a common topic of debate as the legislation can be seen to contradict the values and morals of society in many ways. The impact of this inconsistency between legislation and societal views is outrage over verdicts which justify acts of aggression and support a victim blaming culture. This ‘ancient’ defence was established in the 16th or 17th century, during this period it was considered a cowardly act for a man to ignore an insult...
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...heed. So far about eighteen regimes have accepted laws extending the right to ‘self-defense with no duty to retreat’ to any region a person has a legal right to be. Several governments are also debating the passing of similar legislation. Inspite of implications that the laws may have for public well-being, there has been less empirical investigation of their impact, not only on crime but also on victimization. This laws makes it easier for some people to use deadly force when their “reasonably fears” result in serious injury at the hands of others. In such cases, those persons may be entitled to immunity from prosecution and civil liability. In fact, these laws usually confer powers that police have on private citizens, without the need of training kind and accountability. Before the Stand Your Ground laws, right to use deadly force was strictly not allowed. An individual had to show that it was reasonable to believe that the use of such force was necessary to prevent sudden death or great harm to himself or herself or another or to prevent the imminent commission of a forcible ‘felony’. Only when a person was attacked in his home by a person not having an equal right to be there, she/he had a duty to retreat if he/she could do so in safety. Florida was unambiguous in protecting human beings.an individual under attack had to retreat to the wall before taking a life. The one interposing the defense must have had used all reasonable means in his/her power, steady with his own safety...
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...This lawyer defends their client in court who has been charged with a criminal activity that can range from a misdemeanor to a felony. If convicted their client could pay a fine, do community service, serve years in prison, or even receive the death penalty. It is the job of the criminal defense lawyer to either get their client acquitted or get them the lightest sentence possible. To accomplish this, criminal defense lawyers can use several defenses. Affirmative criminal defense Some criminal defense lawyers will attempt to minimize the prosecution's evidence by showing it is not true. In this defense the lawyer, along with their client produce evidence in support of the defense. For example, if the defendant is charged with first-degree murder, which means that the client planned the murder before happened, they may choose to provide an alibi witness. This is someone who testifies that the defendant could not have committed the crime and gives them an alibi for the time the murder was committed. Insanity defense...
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...Thomas Curtis Business Law 8/3/2014 Week 4 Professor McGovern There are certain grounds under which a compromise and settlement agreement can be invalidated. If a settlement agreement fails to establish certain elements like offer, acceptance and consideration, it can be invalidated. Similarly, a settlement agreement can be invalidated due to: * Fraud; * Nondisclosure as fraud; * Duress; * Illegality; * Mistake; * Undue influence. A compromise induced by fraud can be invalidated. In approving a proposed settlement agreement, a court must determine that the agreement is not the outcome of fraud[i]. Fraud exists if all of the following elements are present: * An untrue representation of fact knowingly by a party; * Making such representation recklessly; * Making untrue representation to deceive the other party and to induce him/her to act upon the same. Similarly, an unintentional nondisclosure without an intention to deceive will not constitute fraud. However, a compromise can be invalidated for fraud if one party deliberately conceals facts with the intent to induce the action of other party. The duty of disclosure is more comprehensive when there is a fiduciary relationship between the parties to the compromise. At the same time, it cannot be presumed that the elements of fraud exist only because of the existence of a fiduciary relationship. Likewise, a person who makes a compromise as a result of duress invalidates...
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...Professor S. Hafezi POL300 1• _F__According to Wriston, communication/information revolution has expanded the ability of governments to control events within their territory. 2• _T__Slaughter argues that the nation-state is dying because of supranational organizations and communication/information revolution. 3• _T__Wriston maintains that the Information Age has validated the Orwell’s vision of Big brother watching the citizen. 4• _F__Wriston believes that the information revolution has outmoded old oligarchies. 5• _F__According to Wriston, nations can now easily block the flow of information across national borders. 6• _T__The U.S. reliance on information technology, according to Wriston, has made the country vulnerable to attack. 7_T__Slaughter asserts that the information revolution has produced global governance. 8• _T__Slaughter believes that transgovernmentalism has created a more effective and potentially more accountable world order. 9• _T__Slaughter cites partnership between a supranational tribunal and national courts as the most advanced form of judicial cooperation. 10• _T__Slaughter believes that transgovernmentalism provides a powerful alternative to both a new medievalism and a liberal internationalism. 11• _F__According to Slaughter, all the agents of the modern regulatory state are now regularly cooperate with their foreign counterparts. 12• _F__Slaughter maintains that comity of nations has traditionally signified peaceful...
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... and made a drum like sound when you hit the ball with it. The first paddle was also around 19 inches long, which is unheard of nowadays. As we neared the start of the 20th century, the paddles then started to become made of wood covered in sandpaper, followed by a “cork-faced” racket, which players liked because they thought it, improved their overall performance. As we neared the middle of the 20th century, the changes in the racket increased significantly due to a first time impact from Japanese technology. They tried adapting the racket so it would help a player either on the offensive or defensive side. For example, it says that they made a racket that was wide and had a “pimpled rubber” surface that was preferred by players on defense. Next, they developed a sponge type racket. When the sponge racket was implemented with rubber and was 1mm, it was said that it was more difficult to create spin on the ball. I found it interesting that they finally stuck with this type of material and instead went to a 2mm “pimple rubber racket” while they also tried ways to increase the spin and the way to defend the spin. And from then on, the table tennis paddle has stayed the same for the most part. The only changes could be customizations, where people had grips put on to the handle. According to the ITTF Handbook’s rules on the racket, it can be any size or shape, it just has to have a...
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