Legal defenses can have a signification effect on disposition of the case. Factual Defense In a criminal trial when factual defense is used the defendant and attorney are claiming to the courts the defendant had nothing to do with the crime which took place. The defendant is insisting he or she is not to be held criminally liable for the charges brought forth by the state. The defendant may say he or she was in was not in the location of the crime at the time of the crime and may have an alibi as evidence (Schmalleger, Hall, Dolatowski, 2010). Legal Defense Justification and excuse is the two forms of legal defense.
A prosecutor presents evidence to prove that the defendant is guilty of the crime and the defense attorney tries to prove that the defendant is not guilty. They ensure that the defendant’s side of the story is heard, counteracts overcharging by the prosecution, and to supply their client with the best defense possible including: “providing legal counsel to client, arguing for legal innocence (not necessarily factual innocence), searching out violations of the defendant’s rights, and arguing for reduced penalties in some cases” (Meyer & Grant, p. 144). A prosecutor is paid by the state and cannot be hired, like a defense attorney, by an individual. They are hired by the public to punish those who commit crimes, in order to
One may wonder how a husband or a parent can commit crimes such as these. I hope that the reader will have more understanding and knowledge of why and how a loved one can attack merciless. Introduction When someone close to you such as a family member, ex- boyfriend, ex-girlfriend, spouse or a close acquaintance inflicts murder, sexual abuse or stalking on a victim, it is referred as intimate violence. Majority of the times, intimate violence occurs against women and children the most. In essence, victims of intimate violence may be physically injured or threatened with injury unless they comply with the demands of the offender (Meadows, 2010).
Felandrias Sedale Wright Professor Downs Correctional Counseling 1 December 2008 Sex Offender Registration, Notification, & Civil Commitment Statutes: Due Process vs Community Safety Whenever I have heard the term sex offender, I always pictured an adult who has had sexual intercourse with a minor child. As I began my research for this paper, I was informed that a sex offender is a person who has been criminally charged and convicted of, or has pled guilty to, or pled Nolo contendere to a sex crime. A sex crime can but does not always include sexual intercourse. In fact, crimes that are classified as sex crimes include: child sexual abuse, downloading pornographic material of persons under the age of 18, (child pornography), rape, statutory rape and even non-sexual offenses such as kidnapping. The term sexual offender is a broad term, with sexual predator being used to describe a more severe physical or repeat sexual offense.
In the case of Bordenkircher v. Hayes (1978), the court stated, “so long as the prosecutor has probable cause to believe that the accused committed an offense defined by statute, the decision whether or not to prosecute, and what charge to file or bring before a grand jury, generally rests entirely in his discretion.” Although there are many factors that come into play when a prosecutor is considering dismissing a case, the most prominent issues are state and federal resources, time, and investigative teams. When there is an insufficient amount of resources and time, the accused may be more subject to leniency from the prosecutors. Moreover, the counter argument for lenient behavior is that because prosecutors are not following through and charging certain cases, then they are not fully executing the law. Additionally, many people believe there is a strong possibility that some prosecutors will abuse their discretion privileges (Slobogin, p548). In the federal courts, prosecutors also have the discretion to join charges.
Evidence seized by private parties is not excluded from trial if the search was not in the direction of law enforcement officers. If a criminal defendant testifies in his or her own defense, illegally seized evidence may be used to impeach the defendant’s testimony. Evidence seized in violation of a person’s Fourth Amendment rights may be used in Grand Jury proceedings and civil proceedings. In a grand jury proceeding, illegally seized evidence may not be used if it was obtained in violation of the federal government. In the case of United States v. Herring, the officer arrested the defendant without a proper arrest warrant.
However, with the “due process an individual is allowed their day in court if suspected of a crime because of United States constitution. Therefore giving that individual a right to a fair trial with an option for a jury of his or hers peers. It is the responsibility of the courts system to provide strong evidence on an individual accused of committing a crime beyond reasonable doubt. Strong evidence is important to avoid sending an individual to prison if they are innocent (Siegel, J. L.,
Statutory Offenses The phrase of crimes are statutory offenses means that an illegal crime was committed that violated a criminal statute (Mallor, J., 2013, p.130). In order to convict a person of any wrong doing that violated a crime, the plaintiff’s lawyer has to provide evidence of the criminal act committed, demonstrate substantiated evidence that would show beyond any doubt that the defendant committed the act, and prove that the defendant was fully capable of engaging himself in the criminal act of what he/she is being accused of (Mallor, J., 2013, p. 130). Any kind wrongful behavior is not considered a crime, unless Congress or the state legislature has criminalized it (Mallor, J., 2013, p. 130). An example is, Killing vs. United States; after four months when Jeffrey Skilling’s resigned from Enron’s Corporation it went into bankruptcy (Mallor, J., 2013, p.133). A Federal Investigation was filed, uncovered an elaborate conspiracy to prop up Enron’s short-run stock prices by overstating the company’s well-being (Mallor, J., 2013, p.133).
The accused are innocent until proven guilty and cannot be found guilty unless the prosecution can prove beyond reasonable doubt that the accused did in fact commit the crime or crimes that he or she is being accused of. The accused have the right to remain silent, the right to an attorney and if they cannot afford it one will be provided for them, they have the right to a trial by jury and the right to confront witnesses against them, and the right to bail bond unless they are charged with murder or the court determines them a flight risk. The accused also have the right against self-incrimination meaning that a person cannot be forced to be a witness against himself. Rule seven of the Federal Rules of Criminal Procedure states that the accused must have a plain, concise, and definite written statement of the facts constituting the offense they are being charged with. The accused have the right to counsel which means that under the sixth amendment the accused has the right to representation by an attorney.
Constitutional Rights and Plea Negotiations A plea bargain is a process in which the defendant arranges a ‘deal’ with the prosecution. A plea bargain essentially means that a defendant charged with multiple crimes will plead guilty to a certain charge in order to escape going to trial for a more serious charge. In the United States, the majority of criminal cases are settled through plea bargains. Moreover, a guilty plea waives the constitutional right to trial and subordinates trial rights such as the right to confront one's accusers. Under the "doctrine of unconstitutional conditions," waivers of constitutional rights often are held invalid when they have been required as a condition for receiving favorable governmental treatment.