Top-Rated Free Essay
Preview

Criminal Defense

Better Essays
1037 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Criminal Defense
Criminal Defense
Duschek Juarez
CJA 354
Kristin Mildenberger
February 24, 2014

Upon reading this paper, you will be able to identify the different kinds of criminal defenses used in a court of law. Factual defense is the legal defense that offers two groups an excuse and justification for their actions. In justification, the six groups are self-defense, consent, resisting unlawful arrest, defense against others, necessity defense, and defense of property and home. In the excuse defense there is syndrome based, duress, age, intoxication, medical and mistakes. This also includes the medical and legal perspective of insanity in a criminal trial. When a person that is being prosecuted for a crime they allegedly committed, they can defend themselves by hiring a private attorney, free legal services, or self-representation. Self-representation is when a defendant has the right to defend themselves in a criminal trial and is also knowingly and voluntarily waiving their rights to counsel. In addition, that person is required to show that they are fully qualified to represent themselves in court, which in many cases, there are very few people that are capable of representing themselves effectively. Then there is retain counsel, which is when a defense attorney that has experience as a prosecutor or public defender. Defense attorney rates depends on the complexity and experiences the attorney has with their other cases.
Insanity defense is regarded as one of the most controversial types of defenses available. In this type of defense, the defendant’s attorney attempts to show that the defendant is insane and is unable to be held responsible for the crime that they have committed. Typically, there are two different plea options that are available to defendants, not guilty due to mental illness and psychologically ill. In medical terms, psychological illness can be any type of scenario that creates havoc in an individual’s mind. Any individual can be affected by an illness during any given period of time and there is not any real categorization as to what could decide whether an individual is insane or not (“Addington v. Texas”, n.d.). For instance, any random person could be suffering from a psychological illness and still be fully capable of holding down a job and carry out everyday activities that we are accustomed to. A psychological illness can occur in any individual and can vary with time, along with other contributing factors.
A psychological illness can generate a problem in the court room, because lawfully the courts need an obvious justification as to what insanity is. In legal terminology, insanity is a psychiatric state that makes an individual legally incompetent an unable to completely see that what they have done in regards to committing a crime. As far as legal terminology goes an individual can have a psychological illness and not be considered to be insane. This occurs because an individual might have a psychological illness and yet still be aware of some parts of the crime they had committed. A good example could be, an individual is suffering from obsessive compulsive disorder and the subject goes out and commits murder, this is absolutely not related to the illness in any way. In this particular case, the guilty yet emotionally ill argument can be used to lower the severity of the punishment. The defendant would still be found guilty; however they would receive a less severe punishment as well as receive mental rehabilitation. The guilty on the basis of insanity is used when the state of the individuals mind is that they had no thought as to what they were doing. Because the individual was not aware of their actions there is no reason for punishing the individual for it. It’s safe to assume that the individual can’t be punished and subsequently ordered to seek treatment in a rehabilitation center.
Abandonment and withdrawal is defined as an affirmative defense when the attorney will try to demonstrate that the client was about to commit the crime, but instead changed their mind and did not commit the crime. In this case, the attorney needs to prove the details in order to back up their plea.

In affirmative defense the defendant doesn’t really try to prove that the prosecutor’s accusations are false, instead they will come up with elaborate plan and their own proof to support their side of the argument. By doing this, it usually proves a part or all of the prosecutor’s allegations as false. There will be times that the defendant may agree with certain information that the prosecutor provides, however, the defendant will come up with an excuse to show everyone that they did not and could not have committed the crime.
In a coercion or duress case, the defense will state why the defendant did not want to commit the crime, but unfortunately had to do it due to a threat or pressure from an outside source. The pressure can be directed at the defendant or some type of hostility can be displayed towards their family members. As a result, in order to keep themselves and their family safe, the defendant was left with little choice and had to commit the offense.
In conclusion, the defenses discussed in this paper have been play down in many courtrooms in the United States. Many criminal defenses are use in court for the culprit that charge in committing a crime. An individual can also obtain counsel, free legal service or self- representation in their plea or court case. Insanity and medical defenses can usually give a confusing perspective in court this is why these cases that are tried in a court of law are required to prove the inability or insanity of the culprit.

Reference
California Penal Code (n.d) 148.1(a)(1).
Casselman Vs. State (1985) Indiana Supreme Court. Retrieved from, http://www.in.gov/judiciary/opinions/pdf/05121101shd.pdf
Click on Detroit (2005). Storeowner fires in defense; robbery suspect dies. Retrieved from http://www.clickondetroit.com/news/4083541/detail.html
Duke Law (n.d.) Dixon v. United States. Retrieved from, http://www.law.duke.edu/publiclaw/supremecourtonline/certGrants/2005/dixvuni
Schmalleger, F. (2010). Criminal law today: An introduction with capstone cases. (4th ed.) Upper Saddle River, NJ: Prentice Hall
People v. Lovercamp, 43 Cal. App. 3d 823 (1974) Retrieved from http://www.garretwilson.com/educati

You May Also Find These Documents Helpful

  • Good Essays

    The insanity defense is not covered as its own constitutional right, although it faults under the due process clause in the 5th and 14th amendments. The states define their own elements for what constitutes insanity, using the common law as a guideline. Mens rea—Latin for the “guilty mind” — is one of the necessary elements for insanity. If found incompetent, the person is usually charged to…

    • 295 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    This paper will locate two cases that discuss various types of criminal defenses. The two choices are: (1) The Jeffrey Dahmer Case, and (2) State v. Fisher Involuntary Manslaughter Case. The two cases analysis in which this paper identifies and examines the types of criminal defenses that were used. This paper will also explain the nature and types of defenses used in the cases and what evidence was used to demonstrate the defense. This paper will describe how justification and excuse play a role in the cases. This paper will also describe the outcome of each case.…

    • 2165 Words
    • 9 Pages
    Powerful Essays
  • Good Essays

    They have to understand the charges brought against them, the consequences that could potentially be suffered if there is a conviction, must also have some understanding of the procedures in the courtroom and those who are apart of it. The defendant should also have an “underlying bases for any diagnoses” meaning a mental impairment (Gaskell). Stated in the “Insanity Defense Pros and Cons List” article one of the cons mentioned is that if there is not a previous record of any type of mental disease then the jury may have a hard time believing the insanity plea. If the defendant is found not guilty they are sent to mental health institutions and will stay there until they are thought to be safe to leave the facility. If there is a claim of insanity but they are still found guilty they will go to prison and most will still receive mental health help is will just not be as good of quality, if they get any (Reisner, Piel, & Makey,…

    • 1049 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Eddie Routh Case Study

    • 803 Words
    • 4 Pages

    The insanity defense is only raised in 1% of cases and then only successful 25% of the time it is used; although its rarity, the legal court has very detailed rules. Most rules describe not guilty by reason of insanity as not being aware of what you were doing in that exact moment. Adam Banner suggests that the Eddie Routh case had an accurate ruling of guilty because of his claim that, “...the disposition is ‘not guilty by reason of insanity’. It is not ‘not guilty by reason of mental illness’,”. Only Mental Health America would disagree, stating, “The Court has indicated that states may be required to provide at least some minimal defense based on mental illness,”. Coincidently, these changes have not been made thus…

    • 803 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Psy/270 Mind over Matter

    • 470 Words
    • 2 Pages

    Mental illness is a health condition that affects a person’s thoughts, behavior, and emotions (in some cases all three) which in turns affects the person’s ability to function in their daily lives. Insanity (used as a legal term) is an individual who is diagnosed with a mental illness, unable to know right from wrong, and is unable to function accordingly.…

    • 470 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    A defense attorney is the advocator to the accused. In his defense, the attorney will advise him or her as well as to make sure their rights are not violated. According to the American Bar Association they must also give quality representation, and not misinterpret any facts or laws to the court or to the accused. Andrew Cohen from “Why Defense Attorneys Matter” explains that even though the accused is unpopular, or despised they need to have representation for our Constitutional principles to succeed. We must try to hold the police and prosecutors accountable, defense attorneys can be related to the Bill of Rights because, the Bill of Rights was designed as a counterbalance to the enumerated power of the government that was listed in the…

    • 770 Words
    • 4 Pages
    Good Essays
  • Better Essays

    This paper will include what the insanity statutes are in Ohio, the state that I live in. I will also talk about how often the insanity defense is used in the United States. As well as how successful this defense is. I will also discuss if psychologists should give their ultimate opinion in regards to sanity cases as well as the ethical issues that may rise from their opinions. Lastly, I will discuss how difficult it is to provide adequate psychological care for mentally ill patients while they are incarcerated in prison. The care they would have received had they been institutionalized in a mental hospital instead would have resulted in fewer deaths.…

    • 1349 Words
    • 6 Pages
    Better Essays
  • Good Essays

    The insanity defense should be allowed for those with a mental illness when they commit a crime since they are not in control of their actions. “If a person really does have mental incapacity, and it will be considered that his condition has caused him to commit a capital crime, which means the defense could save his life. Put in mind that a capital crime carries a punishment of eventual death. However, being found not guilty because of insanity means that a capital punishment is out of the question. It could mean that the accused would just be housed at a professional mental health treatment center. Though it might not be jail, still it gets him off the streets,” (12 Profound Pros and Cons of the Insanity Defense [Web log post]. (n.d.). Retrieved May 16,…

    • 553 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Facing a criminal charge can be frightening and intimidating and that is when you need a legal representative that is experienced and knowledgeable on your side. Here at our office you will find experience and knowledge that will help deal with charges such as: murder, domestic violence, theft, kidnapping and hit and run accidents.…

    • 454 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Excuse Defense Process

    • 863 Words
    • 4 Pages

    An excuse defense is to plead insanity. In order for some one to be excused by the defense of insanity, there defense attorney must prove that the defendant did not have the necessary mental capacity to be held responsible for his or her actions at the time of the crime. There are different test that could be taken to help an insanity plea. The different tests include: the M’Naughten rule, which is a right vs. wrong test; the irresistible impulse test; the Durham rule, which could also be called the products test, where the criminal act was the product of a mental defect or disease; and the substantial capacity test (Criminal Justice in Action, 2006). An example of a justification defense is to Self Defense. In order for Self Defense to be justified the defense attorney must prove that the defendant acted in a manner to defend himself or herself or they acted in the manner to defend other people, or even property. The self defense plea could also be justified if the defendant acted in the manner to prevent the commission of a crime. These are just a few examples of how self defense could be…

    • 863 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Many people have heard about the insanity defense in different famous cases where it has come up and been used. The insanity defense is a compromise between society and the law, meaning that society believes that criminals shouldn 't be punished if they are mentally incapable of controlling their conduct. There is a lot of controversy with the insanity defense, like questions such as what is the different if an insane person killed someone and if a sane person killed someone, the person is still dead. To which most have a point, it is still wrong but it all becomes an ethical game with killing someone who didn 't understand or comprehend what they did was wrong. The court defines it as there was only a crime committed if the person committed…

    • 3454 Words
    • 14 Pages
    Powerful Essays
  • Good Essays

    Insanity defense can be a possible escape to a crime but in order to certify that the defense of insanity or the insanity plea, the defense must declare that he or she is not liable for their actions because of mental problems. The defendant must assert that…

    • 997 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Insanity Defense Essay

    • 920 Words
    • 4 Pages

    Insanity defense is not there to get criminals off of the criminal charge, but is there to protect the mentally ill. The defense is there to help the people whose minds are not right. It is there so that if a mentally ill person commits a crime they will be able to get the right psychiatric help and for the psychiatric doctors to understand to further help people in the future. This is a topic that has many of great debates and will be debated further until all Americans actually know what the insanity defense…

    • 920 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Essay On Insanity Defense

    • 842 Words
    • 4 Pages

    Criminal defense is such an important part of the trial process. The defense is important because it can help the attorney’s client to get little to almost no time in jail or prison. The most important but also difficult part of the process is figuring out what defense to use and what defense not to use. Out of the many defenses that are used, only one stands out: the insanity defense.…

    • 842 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Criminal Procedure

    • 1834 Words
    • 8 Pages

    From the inception of the United States criminal justice system, extreme advancements have been made in the field of law enforcement. Particularly in today’s society, modern technological advances such as DNA profiling, fingerprinting, cameras, and wiretappinghave brought about new methods to aid in crime solving.…

    • 1834 Words
    • 8 Pages
    Powerful Essays