According to Black’s Law Dictionary, criminal defense is defined as “the field of criminal law concerning the rights of a defendant accused of a crime and the legal theories that negate elements of crimes” (471). Know more about criminal advocates in bangalore
Four primary defenses in criminal law can be employed to avoid criminal liability:
- Constitutional Violation
- Innocence
- Insanity
- Self-Defense
Constitutional Violation
A constitutional violation defense is called upon when an individual’s constitutional rights are breached during their arrest or while they are being accused of a crime. An example of this is when an individual is not read their Miranda Rights at the time of arrest. If a defendant can demonstrate that such a violation occurred, this can serve as a robust defense in court, potentially leading to the exclusion of specific evidence or even the dismissal of charges.
Innocence
The innocence defense allows the accused to assert that they did not commit the crime for which they are being prosecuted. To establish this defense, the defendant must present evidence demonstrating that they were not involved in the crime. This could include alibi witnesses, video footage, or other versions of exculpatory evidence that can create reasonable doubt about their involvement in the alleged criminal activity.
Insanity
The insanity defense relies on the premise that the defendants here are a few variations of “was suffering from a severe mental illness”:
- was experiencing a profound mental disorder
- was grappling with a serious psychiatric condition
- was afflicted by a severe psychological disorder
- was struggling with a significant mental illness at the time of the crime, rendering them incapable of understanding the nature or wrongfulness of their actions. This defense requires substantial medical evidence and expert testimony to prove that the defendant was not in control of their actions or did not comprehend the consequences due to their mental state. This defense is commonly employed in cases involving severe crimes such as murder.
Self-Defense
The self-defense argument asserts that the defendant committed the alleged act to protect themselves or others from imminent harm. To successfully use this defense, the defendant must show that they were dealt with a significant threat and that their response was necessary and proportional to the threat posed. This defense is frequently used in cases involving physical altercations or the use of force.
Summary and Other Resources
Regardless of the defense utilized, individuals are presumed innocent until proven guilty under criminal law. The prosecution needs to prove beyond a reasonable doubt that the accused is guilty. By using a major criminal defense such as constitutional violation, innocence, insanity, and self-defense, individuals can challenge the prosecution’s case and possibly secure an acquittal. These defenses address various aspects of the accused’s circumstances and the legal process, often requiring skilled legal counsel for good application and argumentation.
In summary:
By comprehending and applying these defenses, individuals and their attorneys can navigate the complexities of the legal system and strive for justice within the bounds of the law.
Attorney Sean P. Sullivan has over 10 years of experience in the fields of family law and business law. He and the DuPage County divorce attorneys of SBK Law Group provide dedicated representation for clients, helping them resolve highly contested disputes and find effective solutions to their legal issues.
