Criminal Defenses

Paper Summary:

The paper explains criminal defense as one of the cornerstones of the American criminal justice system which emphasizes the concept of "innocent until proven guilty." The paper explores the types of criminal defenses generally recognized in the legal system, which include alibis, justifications, excuses and procedural defenses. The paper focuses on defining each category, as well as giving examples as to how they might be used. The paper further explores the misconceptions regarding the laws related to defenses against a criminal charge.

From the Paper:

"The first category of defenses is the alibi. According to Schmalleger (2004), an alibi is "A statement by an individual that has been charged with a crime that he or she was so far away or so engaged in provable activities that he or she could not have committed the crime." In essence, the alibi defense is a denial that the individual committed the crime. However, this defense is effective only if there is factual or provable evidence that the alibi is legitimate (Schmalleger, 2004)."

Sample of Sources Used:

• Boyce, R. N., & Perkins, R. M. (1999). Criminal law and procedure. Mineola, New York: Foundation Press.
• Drumbl, M. A. (2003). Self-defense and the use of force: Breaking the rules, making the rules, or both? International Studies Perspectives. Vol. 4 (Issue 4).
• Reid, S. T. (1995). Criminal law. (3rd ed). Englewood Cliffs, New Jersey: Prentice Hall.
• Roberts, S. (2003). The ignorance defense won't work this time. New York Times. Vol. 153 Issue 52670.
• Scaliotti, M. (2001). Defenses before the international criminal court: Substantive grounds for excluding criminal responsibility. International Criminal Law Review. Vol. 1 Issue 1. Retrieved September 20, 2004. From: http://search.epnet.com/login.aspx?direct=true& AuthType=cookie,ip,url,uid&db=aph&an=12510055.

More papers on Criminal Defenses:

• Term Paper # 147733 : "Criminal Defenses"
• Analytical Essay # 149389 : "Types of Criminal Defenses"
• Analytical Essay # 149821 : "Practical Ethical Issues Facing a Criminal Defense Attorney as Defined in the Massachusetts Rules of Professional Conduct"

APA Citation:

MLA Citation: