Crime Defense Case Analysis

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Criminal Defense Case Analysis Antanetta Binns CJA/354 Instructor: Christopher Bragg January 14, 2013 In a criminal trial there are several defenses used by criminal attorneys. Each trial is different using different sets of circumstances. Throughout this analysis Justification used in criminal defense will be discussed. Two criminal cases with various types of criminal defenses will briefly be discussed along with the nature and type of defenses used in the case, and what evidence was used to demonstrate the defense. Justification and excuse will be described as well as the outcome of each case. Types of Defense A defense consists of evidence and arguments offered by a defendant and his or her attorney to show why a person should not be held liable for a criminal charge. There are two types of defenses, factual and legal. Factual defense is when an individual insist he or she did not do it. 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. Justification is when the defendant admits to committing the act in question but claims it was necessary in order to avoid some greater evil. Whereas, excuse is when a defendant claims some personal condition or circumstance at the time of the act was such that he or she should not be held accountable under the criminal law (Schmalleger, Hall,
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