subject: Criminal Procedure [print this page] Criminal Procedure Criminal Procedure
Everyone who is arrested and tried for a crime is presumed innocent. The prosecution must prove beyond a reasonable doubt that the defendant is guilty of the crime. There are many different types of defense strategies, including:
Presumption of Innocence since the defendant is presumed innocent, they do not have to say anything in their own defense since it is up to the prosecution to prove their case, which is called the burden of proof
Reasonable Doubt a defendant may argue that even if there is circumstantial evidence that shows he could have committed the crime, there is room for reasonable doubt, therefore making him legally innocent
Alibi if the defendant can prove they were somewhere else when the crime was committed, they are providing an alibi defense.
In some cases, a defendant may be guilty of the crime but can avoid punishment. This can apply to cases such as:
Self Defense the defendant was protecting himself against someone else's threatening actions and committed a crime in the process
Insanity the defendant did not understand that his action was wrong; this can apply to defendants who suffer from certain mental disorders that block their ability to know right from wrong and can allow them to commit a crime; defendants who use this defense are subject to psychological testing and the opinion of expert witnesses
Entrapment the defendant was tricked into performing the crime.
Defendants are given the right to a trial by jury only if the crime is serious enough to warrant a sentence of jail time longer than six months. Any lesser crimes are petty offenses and can be tried before a judge.
Defendants who are innocent may choose not to testify at their trial. There are many reasons for this, including:
The defendant's criminal record may be brought up if the defendant testifies, which may sway the jury towards a guilty verdict
The defendant would be cross examined by the prosecutor, who could bring out facts and statements that would be damaging to their character
The defendant's story of innocence may be difficult to believe for the jurors.
The justice system was designed to punish guilty parties and release innocent parties, allowing them to be cleared of criminal charges.
For more information, please visit http://www.criminalnethelp.me
