The 4 Different Types of Criminal Defences
As every criminal defence attorney knows, a critical aspect of any legal defence is creating reasonable doubt in the case.
It is essential to have a thorough understanding of the various categories that can be used in criminal defense, including innocence, self-defense, insanity, and constitutional violations. These categories are often overlooked by many attorneys, who tend to focus only on pled evidence and relevant precedents. However, by exploring not only the specific circumstances of the case but also wider social and cultural factors, an effective criminal defense attorney can more effectively create the sense of doubt necessary to win an acquittal.
Innocence
Criminal defense attorneys should use all available tools to demonstrate innocence. For example, they might point out gaps in logical reasoning or inconsistencies in witness testimony that could indicate an honest mistake rather than intentional deception.
Eyewitness testimony is always key in establishing reasonable doubt. Whether it comes from law enforcement or witnesses who were at the scene of the crime, it is essential to explore every eyewitness account fully and determine any potential flaws or inconsistencies that undermine its validity.
Forensic evidence, such as DNA analysis and video surveillance footage, can also be crucial in raising reasonable doubt. Finally, circumstantial evidence, such as cell phone records or financial documents, should be thoroughly explored to search for connections or patterns that might point to another individual as being responsible for the crime.
Insanity
Although not right for every situation or accused individual, this unique approach can be extremely effective in certain cases. By examining the specific events leading up to the crime and exploring past mental health issues or episodes, an experienced criminal defense lawyer can build a solid case for why a defendant should be deemed legally insane. These findings can result in reduced charges or an outright acquittal, preventing unnecessary suffering and protecting the rights of those accused of crimes they may not even have been capable of committing.
Constitutional Violations
Establishing constitutional violations is one of the most important steps toward creating reasonable doubt in a case. Whether it’s a failure to read Miranda rights, lack of an arrest warrant, or an allegedly coerced confession, proving that the police have violated the rights of the defendant can significantly reduce their chances of a conviction. If evidence was gathered illegally or in a way that compromised the defendant’s constitutional rights, then it cannot be used as proof against them in court.
Importantly, establishing such violations is not just about pointing out clear errors made by police officers; rather, criminal defense attorneys must take a nuanced and strategic approach to demonstrate how those missteps affected their client’s rights under the constitution.
Self-Defense
This legal strategy focuses on the defendant’s reasonable belief that their actions were needed to protect themselves from harm. This defense can be used in a variety of criminal cases, including assault and battery, sexual assault, and murder.
At its core, self-defense hinges on the concept of reasonableness. In other words, your attorney will need to determine whether or not you had a legitimate reason for believing that you needed to act to protect yourself from an imminent threat of harm. Factors such as your previous history with the alleged victim, if any, and whether or not you could have safely retreated from the situation will all be taken into consideration when exploring this potential strategy.
If you’re a criminal defense attorney looking to give your clients the best chance at success in court, make sure you don’t underestimate the power of using a combination of all available categories to create reasonable doubt. By using all categories at their disposal to juxtapose different pieces of evidence and build a picture for the judge and jury to weigh, criminal defense attorneys can ensure that no potential avenue for reasonable doubt is left unexplored or untapped. Exploring every possibility for potential evidence or argumentation strategies will ensure that justice is served and your client walks away free.
