Criminal defense adopted by a defense attorney can have differentnatures and justifications of crime committed depending on the crimein question, the respondent and the defendant. They includes:
This is defense that is normally asserted by a person who is chargedof homicide or assault. Here the defendant declares that he or she indeed committed the crime, but asserts that his or her actions werejustified by the threatening actions of the other person thus theyacted in self-defense. For example, a person who is resting in hishouse and another person forces his way into the house and starts tobeat him up. The owner of the house grabs his gun and shoots theintruder in self-defense (Schmalleger et al, 2010).
This is where the charged person was forced to commit a crime by theauthority or a legal officer out of dishonesty which makes them thinkthat what they did was required in a legitimate field like science orwas legal. For instance, an officer can instruct a person to importcocaine claiming that it’s to be used to manufacture drugs forcuring cancer by a certain scientist.
This type of defense allows the accused person to giveevidence or witnesses that he or she was somewhere else and not atthe scene of crime when the alleged crime took place. For instance,John neighbor’s house gets on fire and John is arrested as asuspect for starting the fire. He presents his defense by bringingwitnesses who testify that he had travelled upcountry when hisneighbor’s house caught fire (Samaha, 2013).
Under the influence defense
This type of defense allows the accused person to say that he or shewas not in control of their actions when committing the crime due tointoxication. However, voluntary intoxication is not allowed tojustify any criminal act. For instance, a drug addicted husband whois charged for beating his wife can say that he didn’t mean to beather up. He had smoked PCP and Meth (Samaha, 2013).
This type of defense is for the accused persons with mental disordersbecause they cannot choose or know what is wrong or right. Forexample, Thomas who has a mental disorder grabs his father’s gunand shoots both his mother and father. The doctor testifies thatThomas has a mental disorder (Schmalleger et al, 2010).
Presumption of innocence defense
The accused person is not only assumed to be innocent until provenguilty, but is also allowed to remain silent during the trial andlets the prosecutor prove that he or she is guilty. A CEO of acertain company is accused of embezzlement. During the trial heremains silent and does not give any witness. He lets the prosecutorprove whether he is guilty or not (Samaha, 2013).
Samaha, J. (2013). Criminal Law. Belmont, CA: CengageLearning.
Schmalleger, F., Hall, D. E. & Dolatowski, J. J. (2010). Criminallaw today (4th ed.). Upper Saddle River, NJ: Pearson Learning