Common Criminal Defenses Chicago

A prosecutor is supposed to prove guilt without a doubt so as to effectively convict any criminal defendant, keeping in mind that the defendant is working as hard as he can to present the best defense possible. There are various defense that a defendant can present but only a few can be considered in every court of Cook County Lawyer. Some of the common defenses that a defendant can present include:

Reasonable doubt

The prosecutor, in this case, must prove that the defendant is guilty to the fact-finder “beyond reasonable doubt”. Such burden of proof needs or requires the jury, or at times, the judge to be morally certain of the defendant’s guilt. Due to this high burden placed on the opposition, they tend to impress upon juries claiming that judging that the defendant is guilty simply by thinking isn’t enough to make a conviction.

The Innocence Presumption

This principle simply states that “a person is innocent until proven otherwise” whether it comes by plea or way of trial. This presumption implies that the case is not for the defendant to prove his innocence, but it’s for the prosecution to prove that the defendant is guilty before the jury. The defendant may defend himself by simply failing to present any witnesses and remaining silent, then claim that the prosecution case lacks any solid foundation or it has failed to prove its case. But in most cases, the defense attorneys come with their witnesses.

The Alibi Defense

This is a unique type of defense whereby the defense comes up with enough evidence to prove that the defendant was not in the crime scene. The defendant shows by prove that he or she was at a different place during that particular time that the crime was committed.

Self-defense

Those that assert this type of defense are persons charged with crimes such as murder, battery, or armed assault. The defendant doesn’t deny any charges, but rather accepts that he actually used violence. However, he justifies his actions by saying that the other party used violent or threatening actions. Often, the core issues in every case of self-defense are:

•    Who the aggressor was?

•    Are the defendant’s self-defense actions reasonable?

•    If so, did the defendant use excessive force or was the force reasonable?

Self-defense is not illegal as long as the force used is reasonable since it’s acceptable to protect yourselves. To some extent, that means that you don’t have to necessarily wait for you to be struck so as to protect yourself or act in self-defense.

The Insanity Defense

In law, a punishment or conviction is justified only if the defendant is able to control his behavior and acknowledge that his actions are wrong. This defense protects defendants who are not capable of functioning fully. Insane people cannot be criminally punished.

Under the Influence

When you commit any crime due to drunkenness or drug influence, then you can argue that you had an impaired mental functioning and protect yourself from being held accountable for the actions you made.

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A prosecutor is supposed to prove guilt without a doubt so as to effectively convict any Criminal Defense Chicago, keeping in mind that the defendant is working as hard as he can to present the best defense possible.