In order to convict a criminal defendant, the prosecutor must prove his guilt beyond reasonable doubt. Defendants together with their legal counsel are given the opportunity to tender a legally recognized defence to escape criminal liability. There are many common defences in criminal law that lawyers use to prove the innocence of their clients.
Common defences in criminal law
- Insanity – If insanity will be used as legal excuse, the criminal defence lawyer must prove that the defendant lacks the capacity to understand that what he did was wrong or does not know the nature of his actions. Society only wants people to be punished when they know that what they did to a victim was wrong. If the defendant is suffering from a mental disorder, he cannot control his actions even if it is wrong. However, it is important for the accused to prove that he was insane at the time of offense or he was incapable of knowing that his actions were wrong. A plea of insanity does not mean freedom; the defendant can be confined to a mental institution instead of prison.
- Self-defence – is a common defence used by people who have been accused of crimes of violence like battery, assault, or murder. The defendant admits having used violence to another person but claims that the other person has threatened or made a violent action against him. Self-defence is based on the belief that a person has the right to protect himself and does not have to wait to actually be struck. However, any force that the defendant uses must be reasonable under the circumstances.
- Under the influence – This defence is often used by persons who have committed a crime while under the influence of drugs or alcohol. They claim that their mental function was impaired so that they cannot be held accountable for their actions. Generally, voluntary intoxication will not excuse a criminal behaviour because defendants know that drugs and alcohol can affect their mental function.
- Entrapment – is usually used as defence against a criminal charge if police officers have used coercion or other overbearing acts to induce the defendant to commit a crime. However, judges expect a person to resist the temptation to commit a crime even if the authorities present him with an opportunity to do so. The defence of entrapment only applies if the authorities have used threats, harassment, fraud, or even flattery to convince a person to commit a crime.
In some cases, a defendant will insist that he did not commit a crime or that someone else committed it. The defence lawyer must prove that no offense was committed and the testimony of witnesses is untrue. On the other hand, the prosecutor must convince the court that the defendant is guilty of the crime beyond reasonable doubt.
If you are facing criminal charges, your best option is to hire a criminal lawyer immediately to protect your rights and to fully explain the charges and the applicable laws. There are alibis that are very difficult to prove and the defences can be complicated but a highly experienced lawyer can help you achieve the best possible results.
