header photo

Matt Pinsker


Who is in charge of the accused's defense?

One of the most contentious issues in the legal world is who is responsible for the accused's defense. Several elements must be considered before answering this question. It might be the prosecutor, the defendant, or both, depending on the facts. It might also be the attorney defending the defendant in some situations. When dealing with this issue, other difficulties will arise, such as the availability of exculpatory evidence and the assumption of innocence.

The presumption of innocence is a legal theory that safeguards persons' rights. It is a crucial component of our legal system. According to the United Nations Universal Declaration of Human Rights, it is a fundamental human right.

In criminal proceedings, the defendant is deemed innocent unless proven guilty beyond a reasonable doubt. This freedom is protected by laws and legislation in many nations, including the United States. The word "presumption" does not appear in the wording of the United States Constitution.

The presumption of innocent is founded on justice and liberty principles. Although it does not ensure an accused person's freedom until they are proved guilty, it does protect the defendant from widespread invasions of their privacy.

In criminal trials, exculpatory evidence is crucial. It can be beneficial in a variety of ways, including improving the likelihood of acquittal. The circumstances determine whether the evidence is favorable to the defendant.

A witness's statement, for example, might call the charge into question. If the witness' testimony is favorable, the defense might utilize it to offer evidence proving the accused's innocence. This might contain information regarding the victim's violent background.

Similarly, a defense witness' evidence on the character of the accuser may be admissible. Although not commonly seen as evidence to prove innocence, this is a great example of evidence that can be accepted under Rule 608 (a).

In addition to establishing a foundation for an opinion, such evidence is frequently referred to as Brady material. The United States Supreme Court has ruled that a defendant's trial must provide exculpatory evidence.

Justification defenses are used to absolve a defendant of criminal liability. They do not prohibit an accused from being tried, but they do help a jury comprehend why someone did something. They also provide the court with an opportunity to consider a reduced charge or a softer punishment.

There are many different sorts of reasons. The most significant are hardship and need. Both of these entail the defendant using force. The duress defense, like the necessity defense, distinguishes between created and natural parties.

Self-defense is another prominent sort of reasoning. This sort of defense permits the defendant to avoid punishment for a crime committed in order to protect another person.

When a government employee persuades a typically law-abiding individual to commit a crime, this is referred to as entrapment in defense of the accused. To achieve its goals, the government may employ different strategies such as fraud, harassment, or threats.

In the defense of the accused, there are two sorts of entrapment. The objective test is one, while the subjective test is another. Entrapment defenses are often effective if the defendant can demonstrate that a police officer influenced them to commit a crime.

The objective criterion is superior to the subjective standard because it focuses on the behavior of law enforcement rather than the illustrative character of the specific occurrence. This is due to the fact that the preponderance of evidence standard demands the defendant to submit sufficient evidence to show that a government official persuaded them to conduct a specific crime.

An insanity defense is a legal defense in which the defendant is unable to comprehend what they did or what the law is. The person is not guilty of the offense in this case. However, an insanity defense is difficult to establish and only applies to a limited range of difficulties.

Insanity is determined by four tests in different jurisdictions. The "Irresistible Impulse" test, for example, determines insanity owing to uncontrolled urge.

The "Durham Rule," for example, requires the defendant to do what they are accused of doing. This is frequently used as a mitigating factor.

The third criteria is the "M'Naghten Rule," which is used by the majority of jurisdictions. For nearly a century, American courts have used this standard.

Go Back


Blog Search


There are currently no blog comments.