Criminal Law/ 354
August 11, 2011
Barry Q. Brooks, J.D
Criminal Defense Case Analysis
Throughout this analysis will be discussed the justification used in criminal defenses. The factual and legal defenses will be briefly discussed along with the justification of necessity, self-defense, unlawful arrest and consent. Types of Defenses
“A defense consists of evidence and arguments offered by a defendant on behalf of his or her attorneys to show why that he or she should not be held liable for a criminal charge” (Schmalleger, Hall, Dolatowski, 2010). Factual Defense
There are two types of defenses factual or legal. When a factual defense is used during a criminal trial the defendant and attorney are claiming to the court the defendant had nothing to do with the criminal offense that took place. As a result the defendant is seeking not to be held criminally liable for the charges brought forth by the state. The defendant might claim he or she was in another location during the time the crime occurred and may have an alibi as key piece of evidence (Schmalleger, Hall, Dolatowski, 2010). Legal Defense
There are two forms of legal defense one is justifications, in which the defendant admits to committing the act in question but claims it was necessary in order to avoid some greater evil. To where as an excuse is when a defendant claims that some personal condition or circumstance at the time of the act was such that he or she should not be held accountable under the criminal law (Schmalleger, Hall, Dolatowski, 2010).
Justifications and excuses are affirmative defenses, that is, they must be raised or asserted by the defendant independently of any claims made by the prosecutor. This is a variance from the general rule that places the burden of production and persuasion on the government. For affirmative defenses, defendants bear the burden of production, that is, they must assert the defense at the time required by law. Failure...