Criminal Defense Case Analysis

Jun 29th, 2015
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Prepare a 1,400 to 1,750 word (4 to 5 page) paper in which you address the following items: Define and discuss the various types of criminal defenses identified by Schmalleger that are used in criminal trials. Provide a definition for the term “criminal defense,” define and discuss the two major types of criminal defenses, the two forms of legal defense, and the specific defenses discussed by Schmalleger for each of the two forms of legal defense. Use short cases exemplifying each of the various types of criminal defenses you have defined and discussed. (Refer to Chapter 5 & 6) Discuss mental incompetency and differentiate between competency to stand trial, what is considered insanity at the time of the crime (NGRI), the legal and medical perspectives on insanity and mental illness, the American Law Institute substantial capacity test, and Guilty but Mentally Ill (GBMI). (Refer to Chapter 6.)8

Word Count: 1791
Showing Page: 1/8
Criminal Defense Case Analysis PaperNameClassDateProfessorCriminal Defense Case Analysis Paper A criminal defense is an excuse or justification established by the criminal defendant to explain why a particular crime was committed. When a criminal offender commits a crime they will be investigated and arrested by the police and tried in a court of law by the prosecutor. The prosecutor will present a case to the court showing he defendant is guilty of the crime while the defense will provide evidence to the court of the innocence of the defendant. In order to prove their innocence they must develop a defense to the crime. When a criminal defendant is charged with a crime they are afforded certain due process rights. The criminal defendant has the right to a speedy trial and an impartial jury as guaranteed in the Sixth Amendment (Jacobs, 2011). They have the right to have an attorney to represent them through the criminal justice process and they have the right to present a criminal defense to show they are not guilty of the crime. The factual or legal defense is the reason or defense given as why it would be impossible for the defendant to have committed the crime. Under the factual defense there is no possible way the defendant could have committed the crime or the legal defense where there is a legal possibility of why the criminal defendant is not guilty of the crime. Exculpation is the act of being cleared of blame, and excuse and j

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