Criminal Defense Case Analysis Paper
Criminal Defense Case Analysis
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 …show more content…
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 to raise an affirmative defense in a timely manner acts as a waiver of the defense. States vary about the burden of persuasion placed on the defendant. Some require the defendant to prove the defense; others shift the burden to the prosecution to disprove the defense (Schmalleger, Hall, Dolatowski, …show more content…
The law of self-defense generally provides that a person is justified in acting to defend himself under circumstances in which a reasonable person would believe himself to be in danger. The claim of self-defense is usually unavailable to those who precipitate or incite an attack on themselves. In other words, one who initiates a confrontation cannot later be reasonably afforded the protection of a self-defense claim (Schmalleger, Hall, Dolatowski, 2010).
Defenses of Others The use of force to defend oneself has generally been extended to permit the use of reasonable force to defend others who are, or who appear to be, in imminent danger.
However, the defense of others, sometimes called defense of a third person, is circumscribed in some jurisdictions by the alter ego rule. The alter ego rule holds that a person can only defend a third party under circumstances and only to the degree that the third party could act (Schmalleger, Hall, Dolatowski,
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 …show more content…
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 to raise an affirmative defense in a timely manner acts as a waiver of the defense. States vary about the burden of persuasion placed on the defendant. Some require the defendant to prove the defense; others shift the burden to the prosecution to disprove the defense (Schmalleger, Hall, Dolatowski, …show more content…
The law of self-defense generally provides that a person is justified in acting to defend himself under circumstances in which a reasonable person would believe himself to be in danger. The claim of self-defense is usually unavailable to those who precipitate or incite an attack on themselves. In other words, one who initiates a confrontation cannot later be reasonably afforded the protection of a self-defense claim (Schmalleger, Hall, Dolatowski, 2010).
Defenses of Others The use of force to defend oneself has generally been extended to permit the use of reasonable force to defend others who are, or who appear to be, in imminent danger.
However, the defense of others, sometimes called defense of a third person, is circumscribed in some jurisdictions by the alter ego rule. The alter ego rule holds that a person can only defend a third party under circumstances and only to the degree that the third party could act (Schmalleger, Hall, Dolatowski,