Criminal Defense Case Analysis

1029 WordsSep 23, 20125 Pages
Criminal Defense Case Analysis Paper Brandy Alston University of Phoenix Criminal Law CJA/343 Professor Joseph Wade March 1, 2012 Criminal Defense Case Analysis Paper Many individuals are aware of the process that lawyer go through to convict an individual. The prosecution has to prove a reasonable doubt that the defendant is guilty of a crime, the accused does not have to present evidence for the innocent. The Fifth Amendment is the United States constitution states a defendant is not compelled to under oath criminate themselves, however in most cases the defendant want the chance to prove their innocent in court by having a defense. Criminal law is define as a code, rules, or statute that prohibits the…show more content…
The concern is whether this defense tried in legal or medical grounds. Intoxication is another defense an individual use in a criminal case once charged in violating a crime was under an alter state of mind. Those that use this defense stares they were under the influence or intoxicated when committing the crime and is not fully accountable for their action. The University of Phoenix states Necessity states the ground for presenting justification when an individual use the necessity defense in which they claim the unlawful action that took place was necessary in preventing or assisting with avoidance of harm to the individual or someone else (University of Phoenix, 2010). For example an individual is involved in a dispute with another individual and as the first individual beings to walk away and the second individual pulls out a knife and some how or another the first individual stabs the second individual the first individual could use the necessity defense. The University of Phoenix also stated if an individual resists arrest which is lawful in a state could be criminal liable. If an individual resists an arrest unlawful in some states this could be justifiable as long as the condition go with states law. This is why in some states officers are required to tell suspects their charge and use a warrant in situation where warrant are needed
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