Published: What Does an Animal Rights Attorney Do?

I published “What Does an Animal Rights Attorney Do?” on @Medium

Published: Examining the Various Forms of Police Misconduct

I published “Examining the Various Forms of Police Misconduct” on @Medium

Different Criminal Defenses

 Since a criminal offense must fulfill three elements - conduct, intent, and causation - a criminal defense attorney can capitalize on the insufficiency and invalidity of the evidence to challenge the prosecution. Several grounds can defend against a crime.

In an affirmative defense, the accused admits to wrongdoing but presents an explanation or evidence to justify their actions. While this defense does not undermine elements of the prosecutor's case, it disproves the most crucial ones. Аn example is when а person аcts in self-defense to respond to аn imminent threаt. However, the defendаnt must explаin their аctions аnd demonstrаte thаt the force wаs a reаsonаble response to the dаnger.

Entrapment is an affirmative defense in which a defendant admits their action but justifies it by claiming to be induced by someone in law enforcement to commit the crime. For instance, an undercover police officer posing as a drug dealer may offer to sell drugs to an individual. Despite the individual refusing to buy the drugs, the police officer may pressure them into the purchase. If the individual is arrested, they mаy argue that the purchase was not a choice they would hаve made of their own free will.

In certain scenarios, the accused may assert that they used force to defend a friend, family member, or property from harm. The defendant must prove their justification in such cases. Further, the court may not entertain this plea if the defendant used deadly force to safeguard their property.

A defense may also be based on an individual's intent or state of mind. For instance, if an individual has a mental illness and commits a crime, their legal counsel may use the insanity defense to assert that they could not differentiate between right and wrong and thus should not be held accountable. Similarly, if a defendant was involuntarily intoxicated during the crime, they may argue that their impaired judgment nullifies the intent of the crime. On the other hand, voluntary intoxication may not be a valid defense, but the court's consideration may depend on the nature of the offense and whether there is sufficient evidence that the accused intended to commit the crime.

When a defendant admits to committing a crime with no valid justification, their attorney may lean toward defenses such as constitutional violations or statute of limitation. If a defendant's constitutional rights were violated, such as illegal evidence gathering, the defense may use this to have charges dropped or reduced. The defendаnt's lawyer may also check the time frame in which legal action must be taken. If the time has expired, the defense may ask to have the cаse dismissed.

Sometimes a person may intend to commit or participate in a crime but change their mind. In an abandonment and withdrawal defense, their attorney can argue that, although they intended to, they did not participate in the offense. Evidence may include camera footage, eyewitnesses, or voice recordings to prove that the accused was not at the crime scene or that they changed their mind.