Criminal Defense Duschek Juarez CJA 354 Kristin Mildenberger February 24‚ 2014 Upon reading this paper‚ you will be able to identify the different kinds of criminal defenses used in a court of law. Factual defense is the legal defense that offers two groups an excuse and justification for their actions. In justification‚ the six groups are self-defense‚ consent‚ resisting unlawful arrest‚ defense against others‚ necessity defense‚ and defense of property and home.
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Criminal Defense Analysis CJA/354 Professor Croushore Matt Vanderwerff 6/24/13 Self-defense is the justification of the threat or use of force when an individual feels that they are in immediate or imminent danger to their life or bodily harm. The cases I researched were UNITED STATES V. PETERSON‚ 483 F.2D 1222 (D.C. CIR. 1973)‚ OPINION BY: ROBINSON‚ J. and PEOPLE V. CEBALLOS‚ 526 P.2D 241 (CAL. 1974)‚ OPINION BY: BURKE‚ J. In both cases the defenses entered a contest of self-defense. In
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Criminal Case Defense Analysis Criminal Case Defense Analysis When a person gets arrested for a crime‚ that person will remain a suspect until proven guilty otherwise in court. This person will then have the chance to avail himself with the best legal representation available. “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” (Schmalleger‚ 2010). Generally speaking
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order to convict a criminal‚ prosecutors are required to prove guilt beyond a reasonable doubt. The most common criminal defenses fall under two categories‚ excuse and justification. An excuse is when a person admits to committing a criminal act but believes that he or she can’t be held responsible because there was no criminal content. Some excuses used in court today are; mental disorder‚ infancy (age)‚ mistake of fact‚ mistake of law and automatism. In justification defenses‚ the accused admits
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If you have been arrested and charged with a crime‚ the most important first step you can take is to speak with a criminal defense attorney. The court can appoint counsel for you if your financial situation can not afford a private criminal lawyer‚ or you also have the option to defend yourself in a court of law - although this is not advised. With the pool of criminal defense lawyers being a vast one‚ it’s a good idea to get a head start and discuss your case with a number of attorneys before you
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about the criminal defense lawyer When people are forced to meet grim legal consequence‚ that may involve probation or fines or jail terms‚ they cannot solve this without the criminal defense lawyer. Individual require to obtain service from a lawyer‚ who has experience‚ knowledge and reputation in order to handle the case with courts‚ judges and prosecutors. Even if people have little criminal charges‚ like misdemeanors or reckless driving‚ an attorney specializes in the criminal defense can protect
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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
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Criminal Defense Case Analysis Michael Kilgore CJA/354 February 02‚ 2015 Peter Lukevich Criminal Defense Case Analysis One of the greatest right’s we have in America is the right to be innocent until proven guilty in a court of law. It is ultimately the job of the prosecutor to prove to the people‚ the jury and to the court that the accused is in fact guilty of a crime. The accused either has his own or appointed attorney to present his various defenses to argue why he acted the way he did during
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Insanity Defense : Crazy or Criminal1 Marina Reyes Criminology CRJ 102-120 Dr. Cooperman Fall 2012 The Insanity Defense : Crazy or Criminal BMCC The Insanity Defense : Crazy or Criminal2 When we think of insanity most people would refer to this word as a medical term but in reality it is a legal term. It is not a term used clinically to describe an individual ’s state of mind unless he or she has committed a serious criminal offense. The claim of a defendant in a criminal prosecution
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Insanity Defense In criminal trials‚ the insanity defense is the claim that the defendant is not responsible for his or her actions due to mental health problems. Any mental illness could serve the basis for an insanity defense‚ excluding conditions that have antisocial behaviors as their primary characteristic and appear to have no physiological basis. Overall I believe that if someone has a real mental illness and it made him or her commit their crime‚ they should not go to prison. I feel that
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