BEST CRIMINAL DEFENSES

BEST CRIMINAL DEFENSES


The job of a criminal defense lawyer is to select the best criminal defense tactics after reviewing a case’s facts and circumstances. Each case is unique and the best criminal defense lawyer weigh all factors to develop a case theory and defense most likely to succeed. As an accused; if you are facing prison or harsh penalties, it is advisable to consult best criminal lawyers. No matter how smart you are, it is nearly impossible to competently defend yourself. This article seeks to provide some of the best defenses one can use when facing criminal charges.

To begin with, the first Defense one can use is the defense of mistaken identity: Incorrect witness identification is a major source for incorrect accusations. This can happen if a person’s description is similar to a criminal perpetrator or if a witness assumes someone committed a crime due to circumstances or they are trying to cover for a crime they committed.

The second Defense one can use is Duress or immediate danger: In the event that somebody carries out a crime simply because they believed they were in immediate risk of harm, their actions might not be considered a crime since they were made under duress.

Another Defense is the beyond reasonable doubt standard requires that the evidence be so convincing that no reasonable person would ever question the accused’s guilt. This standard requires the judge to have a moral certainty that the accused is guilty and that the evidence offers no logical explanation or conclusion other than the accused committed the crime. This strict standard favors the accused because the Defense has to merely establish a reasonable doubt about any of the key elements required for the crime to succeed. Good criminal lawyers often impress upon judges that thinking the accused committed the crime is not sufficient for a conviction.

The Accused can also plea the defense of alibi: An accused cannot be guilty of any offence if he or she can show that they were elsewhere when the crime occurred and therefore couldn’t have committed the alleged crime.

The other Defense is Police misconduct: Unfortunately some law enforcement officials commit misconduct during their investigations. Police officers may wish to cover up a mistake they made during their initial investigation or they may just be convinced a suspect is guilty and engage in misconduct in order to build a stronger case. Police misconduct can take many forms, but the most common are: one, Lying or embellishing facts in court room testimony or in their reports, two Improperly handling, planting or doctoring evidence three, Using unnecessary force on cooperative subjects four, Coercing witnesses and suspects and finally, Compelled or false confessions

Juveniles are particularly vulnerable to coercion. If defense lawyer’s trial tactics or an accused can show evidence of coercion, then a case can be made to have the admission tossed out and excluded from evidence.

The other Defense is false accusation: It is common that individuals are falsely accused of violations they did not commit.  A criminal defense lawyer or an accused can work to obtain a retraction of the accusation or show evidence that the accusations were false or impugn the credibility of the accuser.

Mistake of fact: If an alleged crime was made under a reasonable and honest mistake of fact, then the person is not guilty of most criminal offenses. For example:Accidentally taking someone’s property believing it was yours.

The Defense of Necessity: “necessity” excuses criminal conduct when it is done only to avoid a greater harm. An accused can be acquitted of a charge if they believe that they or another person is in danger or about to be harmed and the only reasonable alternative is to do the criminal act. The necessity to commit the crime must be provable with evidence.

The Defense of Self-defense: force used against an intruder must be reasonable and proportionate to the harm reasonably feared. Therefore there is a valid defense if you believe that you or another person face imminent danger and you only use as much force as is reasonably necessary to alleviate that danger and escape was not a reasonable choice.

One can also plea the Defense of insanity: In most instances, you cannot be found guilty of a crime if you were legally insane when you committed it because willful intent is a required criminal element. Legal insanity is well defined under the M’Naghten Rule (sometimes spelled as McNaughton) named after Daniel M’Naghten, a Scottish woodturner who murdered an English official in 1843 while suffering from paranoid delusions. The M’Naghten Rule requires that the accused shows that: (a) He/she Did not understand the nature of the criminal act, or (b) He/she Did not understand that the act was morally wrong.

Another Defense is Double jeopardy: A suspect cannot be tried twice in the same court for the same crimes. So if an Accused is acquitted of a crime the prosecution cannot try him or her for the same offence.

Lastly there is the Defense of Statute of limitation: statute of limitations laws forbid criminal prosecutors from charging someone with a crime that was committed more than a specified number of years ago. The purpose of these laws is to ensure that convictions rely only upon evidence that has not deteriorated with time. After the time of the statute has run, the accused is essentially free.

By Andrew Wanga

www.mmsadvocates.co.ke

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