The Four Major Criminal Defenses

The criminal justice system in the United States is built on the presumption of innocence, which means that the government must prove beyond a reasonable doubt that a defendant is guilty of a crime. To defend against criminal charges, defendants and their attorneys can utilize various legal strategies. Four main criminal defenses exist: innocent, alibi, justification, and excuse.

According to the American Bar Association, about 80% of criminal defendants in the United States are represented by a court-appointed attorney or public defender. In comparison, only about 20% can afford a private criminal defense attorney. Despite the high demand for criminal defense lawyers, they may not always successfully obtain favorable client outcomes. In fact, according to the Bureau of Justice Statistics, about 68% of criminal trials in the United States result in a guilty verdict.

In this article, we will provide a crucial overview of the four primary criminal defenses and explain how they can be used to defend against criminal charges. We will also examine the role of criminal defense attorneys and the challenges they face in representing their clients in the criminal justice system. By understanding the different types of criminal defenses and the legal landscape of criminal trials in the United States, defendants can make informed decisions about protecting their legal rights and defending against criminal charges.

Innocence

As a criminal defense, “innocent” argues that the accused did not commit the crime and is, in fact, innocent of the charges. This defense is often used when there is insufficient evidence to prove that the accused committed the crime beyond a reasonable doubt. 

Burden of Proof for Defense

In these cases, the defense attorney will seek to cast doubt on the prosecution's case by pointing out flaws in the evidence, inconsistencies in witness testimony, or other issues that may undermine the prosecution's case. The defense attorney may also present evidence supporting an alternative theory of the crime or exonerating the accused altogether. This evidence may include alibi witnesses, physical evidence that contradicts the prosecution's view of the case, or expert testimony that calls into question the reliability of the prosecution's evidence.

Burden of Proof for Prosecution

The prosecution must prove the accused individual's guilt beyond a reasonable doubt to secure a conviction. The prosecution will typically present evidence that supports their theory of the crime, which may include the following:

• Direct evidence: Directly links the defendant to the crime, such as eyewitness testimony or video footage

• Circumstantial evidence: Suggests that the defendant committed the crime but does not prove it conclusively, such as the defendant’s DNA at the crime scene

• Expert testimony: Testimony from a qualified expert who can offer their opinion on the evidence, such as a forensic scientist who can testify about DNA analysis

• Confessions or admissions: Statements made by the defendant that suggests they committed the crime 

Alibi

An alibi is a criminal defense that argues that the accused was somewhere else when the crime was committed and, therefore, could not have committed the crime. To prove an alibi, the defense must present evidence that the accused was not at the crime scene when it was committed.

Burden of Proof for Defense

An alibi defense may include evidence such as:

• Witness testimony: Testimony from friends, family members, or others who can testify that they saw the accused at a different location when the crime was committed. 

• Physical evidence: Material evidence, such as surveillance footage or credit card receipts, showing the accused was somewhere else when the crime was committed.

• Expert testimony: Experts, such as forensic scientists or medical professionals, can offer testimony supporting the accused’s alibi.

• Cell phone records: Cell phone records showing the accused was using their phone at a different location when the crime was committed.

Burden of Proof for Prosecution

If the defendant uses an alibi defense in a criminal trial, the burden of proof is still on the prosecution to prove the defendant's guilt beyond a reasonable doubt. In addition, the prosecution must present evidence that the defendant was at the crime scene and committed the offense. 

The prosecution may attempt to discredit the defendant's alibi by presenting contradicting evidence. For example, they may give testimony or physical evidence that places the defendant at the scene of the crime at the time it was committed. The prosecution may also attempt to challenge the credibility of the defendant's witnesses or the reliability of any evidence supporting the alibi. 

Justification

Justification is a criminal defense that argues that the defendant's actions were justified because they were necessary to prevent or avoid harm. This defense is based on the principle that in some situations, it may be necessary to break the law to prevent more significant harm. 

Burden of Proof for Defense

The most common types of justification defenses include self-defense and defense of others. Self-defense is a legal doctrine allowing people to use reasonable force to protect themselves from harm. Defense of others allows a person to use reasonable force to protect another person from harm. 

To use a justification defense, the defendant must show that their actions were necessary and proportionate to the threat they faced. The defendant must also show that they did not provoke the situation and had no other reasonable option but to use force to defend themselves or others.

Burden of Proof for Prosecution

In cases where the defendant is using a justification defense, the prosecution must still prove the defendant's guilt beyond a reasonable doubt. In addition, the prosecution must present evidence that the defendant did not act in self-defense or that the force they used was excessive or inappropriate. 

The prosecution may try to show that the defendant's actions were unnecessary or that they could have taken a different course of action to avoid the harm. The prosecution may also present evidence that the defendant was the initial aggressor or that the defendant used excessive force. 

Excuse

Excuse is a criminal defense that acknowledges that the defendant committed the crime but argues that they should not be held responsible because of a mental or physical condition that impaired their ability to understand or control their actions. Unlike justification, which argues that the defendant's actions were necessary to prevent harm, an excuse defense contends that the defendant should not be punished for their actions because they could not understand the wrongfulness of their behavior.

Burden of Proof for Defense

The most common types of excuse defenses are insanity and diminished capacity. Insanity is a legal defense that argues that the defendant did not have the mental capacity to understand the wrongfulness of their actions at the time of the crime. Diminished capacity is a legal defense that argues that the defendant lacked the mental capacity to form the specific intent necessary to commit the crime.

To use an excuse defense, the defendant must show that they had a mental or physical condition that impaired their ability to understand or control their actions at the time of the crime. The defendant must also show that the condition was severe enough to prevent them from forming the necessary intent to commit the crime or to appreciate the wrongfulness of their actions.

Burden of Proof for Prosecution

If the defendant raises an excuse defense, the burden of proof remains with the prosecution. They must prove beyond a reasonable doubt that the defendant is guilty of the crime and did not have a mental or physical condition that would justify an excuse defense. In other words, the prosecution must show that the defendant had the mental capacity to understand the wrongfulness of their actions and form the intent necessary to commit the crime. 

What’s The Difference Between a Court-Appointed Public Defender and a Criminal Defense Attorney?

A court-appointed public defender is an attorney appointed by the court to represent an individual charged with a crime who cannot afford to hire a private attorney. In contrast, a criminal defense attorney is a private attorney hired by an individual accused of a crime to represent them in court. While public defenders are employed by the government and are often part of a public defender's office, criminal defense attorneys work in private practices and are paid by their clients.

Individuals charged with a crime and facing possible jail time or other serious consequences may consider hiring a private attorney over a court-appointed public defender to have more control over the defense strategy. In addition, public attorneys work for their clients, not the government, and may be more willing to take risks and pursue alternative defense strategies.

Additionally, individuals who can afford to hire a private criminal defense attorney may feel more comfortable with their attorney-client relationship and may be more likely to trust the advice and guidance of a private attorney.

However, it's important to note that court-appointed public defenders are highly trained and dedicated to providing their clients with the best legal representation, despite their heavy workload and limited resources. 

Legal Resources for Defendants

If you have been accused of a crime, several legal resources are available to help you navigate the legal system and protect your rights. In this short list, we will explore three legal services that may be particularly helpful: the American Civil Liberties Union (ACLU), The Innocence Project, and legal aid societies. These organizations provide unique resources and services to help individuals accused of a crime, including legal representation, advocacy, and educational resources.

American Civil Liberties Union

The American Civil Liberties Union (ACLU) is a nonprofit organization that works to protect and defend the constitutional rights and liberties of individuals, including those accused of a crime. The ACLU provides legal resources and advocacy for individuals charged with a crime, including legal representation, education, and litigation efforts. 

The organization has a network of attorneys who provide legal representation to those who need help to afford an attorney or have been denied legal representation. Additionally, the ACLU advocates for the rights of incarcerated individuals and challenges unconstitutional practices such as racial profiling and police misconduct. The organization also provides resources and education to individuals to understand their constitutional rights and how to exercise them. However, it's important to note that the ACLU's services may vary depending on the specific circumstances of the case and their available resources.

The Innocence Project

The Innocence Project is a nonprofit legal organization that works to exonerate wrongfully convicted individuals through DNA testing and other forms of evidence. The organization may be helpful for individuals who have been accused of a crime by reviewing their cases, providing legal representation, advocating for criminal justice reform, and providing resources and education. It's important to note that the Innocence Project's services may vary depending on the availability of DNA evidence and the case's specific circumstances. However, the organization has a successful track record of helping to exonerate wrongfully convicted individuals, which can provide hope to those who maintain their innocence.

Legal Aid Societies

Legal aid societies are nonprofit organizations that provide free or low-cost legal representation and legal advice to help individuals make informed decisions about their case. They also advocate for individual rights by challenging unconstitutional practices and working to ensure that individuals receive a fair trial. Additionally, legal aid societies offer educational resources to help individuals understand the legal process, legal procedures, and other aspects of the law. It's important to note that these organizations may have limited resources and cannot take on every case. However, they are a valuable resource for individuals accused of a crime who can't afford an attorney.

To locate a legal aid society near you, check out the directory from the Legal Services Corporation or conduct an online search by typing “legal aid society” or “legal aid services” along with your city or state.