Sep 08, 2020 · If you were a prosecuting attorney, what argument could you provide to the defense's clan that "if a suspect's cartridge shell casings were not found at a crime scene, he must be innocent"? If their shell casing were not there he could have disposed of them or he could have hired a hitman to kill them. He could have used somebody else's gun.
If you were a prosecuting attorney, what argument could you provide to the defense's claim that "if a suspect's cartridge shell casings were not found at a crime scene, he must be innocent"? You could say just because the suspects cartridge shell casings were not found at the crime scene, such as a robbery, that means that they may not have shot the gun that they had with them.
2. Based on the shell-casing matches, which of the three suspects could not be linked? 3. Describe specific (unique) characteristics that linked one of the sus-pect’s casings to the crime-scene casings. 4. If you were a prosecuting attorney, what argument could you provide to the defense’s claim that “if a suspect’s cartridge shell ...
Aug 10, 2020 · Former Prosecutor As A Defense Lawyer. As we mentioned in the intro, the single biggest advantage you’ll have on your side if you hire a defense lawyer that has previous experience working as a prosecutor is that they know how the other side will likely try to strengthen their case. Your lawyer will have a keen eye at figuring out the weak ...
An Introduction: Attorney identifies themself (or not) ... A brief overview (story) of what the evidence will show. Presented from your side's perspective. ... A brief explanation of what has to be proved. ... Identify the witnesses. ... Tell what the key testimony of each witness will be. ... A conclusion.
To cast doubt on the truthfulness and reliability of prosecution witnesses, a defense attorney can use any or all of these tactics:Demonstrate bias on the part of prosecution witnesses, who, therefore, may be lying.Expose police mistakes in gathering, maintaining, and testing physical evidence.More items...
One of California's top criminal trial lawyers, Aaron Spolin, puts it pretty simply when he explains how to win a criminal case: “You need a three-part approach: (1) file legal 'motions' to dismiss the case, (2) argue for the exclusion of evidence, and (3) explain clearly to the jury why the client is innocent.” This ...
Common Defense Strategies in Criminal CourtNo intent to commit the crime (accident)Mistake of fact.The crime was committed out of duress or necessity.Police misconduct or a violation of your rights.Intoxication (may still result in other charges)Self-defense.Insanity (may still result in institutionalization)
"Clear and convincing" evidence means evidence of such convincing force that it demonstrates, in contrast to the opposing evidence, a high probability of the truth of the fact[s] for which it is offered as proof. Such evidence requires a higher standard of proof than proof by a preponderance of the evidence.
7 Common Criminal Defense StrategiesBeyond Reasonable Doubt. According to US law, the defendant can only receive the verdict of “guilty” if the evidence presented to the courts points toward their guilt beyond a reasonable doubt. ... Plea of Insanity. ... Statute limitations.
Lawyers stick with the topic. Subjective opinions are not objective facts. No matter what strategies the opposing side uses to distract you from the main issue, or how tempting it is to draw in other connections, a good lawyer always brings the argument back to the original point.Jun 15, 2015
10:201:00:51The Art of presenting Arguments in Court | Sumit Chander | LawSikhoYouTubeStart of suggested clipEnd of suggested clipDon't just close your eyes towards it just focus on your arguments. No you will lose a case on thatMoreDon't just close your eyes towards it just focus on your arguments. No you will lose a case on that he may be able to argue it better than you but if you are ready with the counter. Arguments.
15 Ways to Argue Like a LawyerQuestion Everything and Everyone, Even Yourself. (via giphy.com) ... Open Your Ears Before You Open Your Mouth.Come Prepared.Try On Their Business Shoes. ... Trump Your Emotions with Reason. ... Don't Negotiate If You Have Nothing to Offer.Avoid the Straw Man. ... Use Their Strength Against Them.More items...•Sep 11, 2014
The accused can respond and present a defence to the charges. Accused persons can put forth three possible arguments: They can deny that they committed the act, disputing the • actus reus. They can argue that they lacked the necessary criminal intent or guilty • mind, disputing the mens rea.
Justification defenses are those where a defendant claims that the positives of the act outweigh the negatives. If the circumstances are such that the defendant's conduct, which would otherwise be criminal, is warranted, then the act may be justified.
Six arguments can be used in the defense against a criminal indictment: my client did not do it; my client did it, but is not responsible because he or she is insane; my client did it but has a good excuse; my client did it but has a good reason; my client did it but should be acquitted because the police or the ...
As we mentioned in the intro, the single biggest advantage you’ll have on your side if you hire a defense lawyer that has previous experience working as a prosecutor is that they know how the other side will likely try to strengthen their case. Your lawyer will have a keen eye at figuring out the weak spots in your case, and while that may sound like a bad thing, it’s not. If you know that the prosecution is going to center their case around one specific eyewitness, your lawyer can get to work doing everything in their power to discredit that witness or make them seem unreliable. If you don’t know how the other side will attack your case, it’s tougher to counter their arguments.
If you don’t know how the other side will attack your case, it’s tougher to counter their arguments.
However, most prosecutors- turned-defense-lawyers won’t have direct working experience with the current prosecution. That being said, because they have been on that side, your defense lawyer will understand how the prosecution generally likes to plead these types of cases out, which can give you a leg up in negotiations.
A defense attorney protects the rights of those who, according the founding law of our country, are innocent until proven guilty. Many times, defense attorneys represent the poor, the marginalized, and the disenfranchised of our society. I came to law school to do exactly that.
But a prosecutor’s main role is to bring justice when injustice has occurred, and that includes injustice to defendants. That part of the role is too often overlooked.
If you claim is that the victim suffered abuse at the hands of another person, your attorney will look for material to support that claim as follows: Your lawyer will seek to establish your whereabouts. That is, were you or weren’t you at or near the scene at the time of the crime.
Confirm whether the officer’s report noted that the scene had damaged property. Confirm the existence of physical evidence at the scene that could implicate you of assaulting the victim. For instance, fingerprints on any broken items that could have been used as a weapon could implicate you.
The domestic violence attorney will also learn whether you have made any statements that could incriminate you or that are inconsistent with your defense. When your lawyer determines that the police report is consistent with your defense, she will gather evidence to reinforce it.
For instance, if you say the victim injured herself in the shower but there’s nothing in the report to suggest signs of any injuries taking place in the shower. It was an accident. This means that you don’t deny you were there when he got injured, and that you caused the injury unintentionally.
If your defense is that the victim won’t testify for some reason or because there’s no proof of the allegations against you, your attorney will: Determine whether the prosecutor’s case is built around the victims allegations. Find out if there were any injuries on you and if so, were they only defensive injuries.
The police did not ask you to provide your account of the events before they arrested you. In most cases of domestic violence, police operate with a bias against the accused, which constitutes an injustice. The success of your defense will depend on your cooperation with your attorney.
The police interrogated you while in their custody but neglected to adequately record the interrogation. The police did not read you Miranda Rights during custodial interrogation. Your were denied your request for a lawyer. Police questioned you after you have specifically invoked your right to remain silent.
Here’s our list of the most common defense strategies used in criminal court: No intent to commit the crime (accident) Mistake of fact. The crime was committed out of duress or necessity. Police misconduct or a violation of your rights.
Here’s why: An attorney will protect your rights. Your attorney will identify the best legal strategy to use in your situation. An attorney will help you understand the prosecutor’s strategy. An attorney can help coach you in preparation for a trial. You have a lot at stake when you’ve been charged with a crime.
The consequences of a conviction could be severe, leaving you with a permanent criminal record and possibly even sending you to jail. That is why you need to speak with a qualified criminal defense attorney as soon as possible about your case.
“If it doesn’t fit, you must acquit!” This iconic phrase was uttered by Johnnie Cochran, the criminal defense lawyer for OJ Simpson, during the most well-known murder trial in history. Cochran strongly alleged that Simpson’s hands didn’t fit inside the gloves used during the murder, which obviously showed that his client didn’t commit the crime. Ultimately, Cochran was successful and OJ was not convicted.
You need to ask your lawyer, and if you aren't satisfied with his answer, hire someone else . If there is a tape of the circumstances leading to the arrest, and if you've filed a discovery motion, I believe you are entitled to see it.
As a general rule, if the video has been requested and it is in the possession of the prosecutor's office then the prosecutor is under an obligation to either provide a copy of the video or to make it available for your attorney to review.
Some evidence can be withheld under certain circumstances, but it is rather rare and usually frowned upon as you have a right to see the evidence against you before trial.