What are the four major criminal defenses?

February 1, 2023

Criminal defense refers to the strategies formulated by defense lawyers to help clients generate reasonable doubts in the case. In essence, the criminal court requires the jury or judge to determine guilt without reasonable doubt. In this regard, a good defense can help build enough suspicion to prove that the conviction is unreasonable. Based on the available evidence and the type of case at hand, the defense lawyer can create any of the four main criminal defenses.

Although pleasing the innocent is the most direct defense of most defendants, it requires more than just standing on the witness stand and stating that you have not done so. Usually, criminal lawyers spend time developing defense strategies to claim that the defendant is innocent and why the case should be closed. This includes finding witnesses and experts to testify, and possibly investigating the evidence that the other party is guilty. In most cases, the defendant needs a strong alibi witness to prove innocence for the lawyer and exclude reasonable doubt.

2. Self-defense

This criminal defense is usually used in cases of assault or assault. Sometimes self-defense can be used in murder cases, in which case the defendant claims that they killed or caused harm to the victim while protecting their lives from the threat of violence from the victim. However, depending on the circumstances of the case, it may be difficult to claim self-defense. The lawyer will try to prove that there is an incredible risk or danger, so as to justify the defendant's use of lethal or excessive force.

3. Insanity

This defense only applies to a few cases, which are affirmative, implying that the defendant committed the crime while mitigating the crime. Criminal lawyers must prove, beyond reasonable doubt, that the defendant’s mental illness caused them to commit the crime. In other words, the lawyer must prove that the defendant cannot distinguish right from wrong when committing a crime.

4. Unconstitutional

The Constitution protects the rights of everyone, whether you are guilty or not. However, violations of the Constitution are common in criminal trials related to arrests, treatment of defendants, and methods of evidence collection. In this defense, a good violation of the constitution may result in the dismissal of the charges, or the prosecution may agree to a certain defense and bargain with less severe charges. Some common violations include:

· Did not get a search warrant

· Failure to read the Miranda warning during the arrest of the defendant

·Break the chain of custody on the collected evidence

· Illegal seizure or search for evidence from the defendant’s vehicle or home

· Forced to confess guilt