Introduction
When it comes to criminal defense, one of its key factors is choosing a wise path of acting by creating a fair doubt in case. Not every reason can be used as a defense; thus, any attorney should focus on learning and getting a better understanding of the defense elements. If applied properly, the criminal defense elements can become determining factors for the acquittal of the court.
Elements of Defense
Usually, the jury or the judge has to determine the guilt of the accused beyond a reasonable doubt. For that cause, attorneys resort to strategies of criminal defense, thus, they can provide their clients with the said reasonable doubt. In criminal law, there are four main elements of defense, including innocence, insanity, self-defense, and constitutional violations. These elements can be used in different cases and have their own characteristics.
First, the defense can turn to the innocence of the accused, which can be proved by witnesses, evidence, and experts. The attorney has to build a strategy for proclaiming their client innocent not in words, but in deeds. Second, the approach of insanity of the accused can be applied in rare cases. Insanity implies the inability of the defendant to self-control as a result of their mental disease, which has to be proven to the court (Kadish, 2017). Third, the accused might claim their actions to be self-defense. According to Fletcher (2019), in this case, the justification includes reasonable actions to protect oneself or others, that are targeted against unlawful use of force, and proportionate to it. Finally, the attorney can refer to constitutional violations by stating that the defendant was mistreated or oppressed during the investigation, and their rights were infringed.
Analysis of the First Scenario
This scenario describes the case of Walter, who is charged with the murder of his wife, mother-in-law, and two daughters. It is known, that he had a mental disease previously, that was triggered after the moving of his wife and children. Walter was diagnosed with obsessive-compulsive disorder and paranoia. However, these conditions were untreated. Taking this information into account, it can be concluded that the conducted murder might be of a compulsive nature since the accused had OCD. Therefore, his urge to commit the crime was irresistible and urgent. Additionally, his behavior in terms of choosing whom to harm was irrational, since he left his son alive. From my point of view, all these factors evidence Walters’ lack of moral agency (Kadish, 2017). Thus, that can be used by the lawyer to provide a successful defense in this case.
Analysis of the Second Scenario
In this case, Mark is accused of one murder and one attempted murder. It is stated, that the crime took place after two people broke into his garage, and when they were trying to escape, Mark used his gun to stop them. Unfortunately, self-defense cannot be applied to this scenario, since the attack is not proportional to the defense, as the invaders’ aim was to burgle his detached garage (Fletcher, 2019). In addition, the attack was not targeted at Mark or his family, and the invaders did not have any weapons on them. In my opinion, elements of the defense cannot be established successfully in this case.
Conclusion
Overall, the main elements of the defense including innocence, insanity, self-defense, and constitutional violations were examined and the possibilities of their use in the given scenarios were evaluated. Defense strategies should be applied strictly in the corresponding conditions of the case and be proven by solid facts. Although it is the attorney’s responsibility to use the defense elements wisely to help their client avoid the punishment.
References
Fletcher, G. P. (2019). The grammar of criminal law: Volume two: International criminal law. Oxford University Press.
Kadish, S. H. (2017). Excusing crime. In P. H. Robinson (Ed.), The structure and limits of criminal law (pp. 257-290). Routledge.