Criminal Defense Case Analysis

Only available on StudyMode
  • Download(s) : 507
  • Published : May 14, 2012
Open Document
Text Preview
Criminal defense is better understood if the concept of criminal law is understood as well. Criminal law is defined as the body of law which deals with the constitution of offenses and the punishment given to offenders for their wrong doing. Among concept of criminal law, there are four important principles that correspond to the subject. The first principle is innocent until proven guilty which is considered the basis of the criminal justice system. Even though that an individual can get charged with an offense, he or she is still proven innocent until proven guilty of that offense. The case must have more than beyond the belief of reasonable doubt that the individual is guilty. Of course, if there is reasonable if there is reasonable doubt, the individual would be acquitted from all charges. The second principle is burden of proof which is by proving the guilt of a defendant. This kind of proving or job falls on prosecution and it applies to all criminal trails. The third principle is the right to remain silent which basically means that a person has the legal right to remain silent when being questioned by the police. The most information a police officer can get from an individual is their name and address. And the final principle is known as double jeopardy. Double jeopardy just states that no person can be punished more than once for the same offense and no person should be place twice at risk of being convicted. In criminal prosecutions, a defendant may raise a defense in order to attempt to avoid criminal liability. When a person is accused of a crime, he has the chance to plead guilty or not guilty during the trail process. The defendant along with his lawyer must be able to prove to the judge or the jurors that he is innocent and should not be held liable for the crime in question. Criminal defenses range from insanity, Immunity, infancy, duress, necessity, consent, self defense, and etc. Insanity Defense

This form of defense is used when the...
tracking img