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Cja 354 Criminal Defense

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Criminal Defense Analysis

CJA/354
July 18, 2011

Criminal Defense Analysis To define what criminal defense is there should be a clear understanding of what criminal law is before analyzing the various levels of defense. According to Worldwide Legal Directories (Criminal, n.d.) the term criminal law or penal law is defined as the prosecution from high levels toward an individual for an act that has been categorized as an offense. As a group of laws that consists of common and statutory laws, they are distributed according to the crime and sentences involving the illegal offense. When crimes are committed they will be classified by either misdemeanor or felonies based upon the degree of the crime that had been committed and what form of punishment may be granted will differ. After a crime has been committed and the individual who is responsible has been caught, they will begin the process involving “criminal defense.” When an individual breaks the law, there are various forms of defense that he or she may be eligible in using in regard to the charges that are being brought up against them. During the process, there maybe one or more defenses’ that will be used during the defendants criminal trial.
Types of Defense’s When a person has been accused of a crime, he or she are given a chance to plead his or her fate during the trial process. This process is done during the arguments of the trial and submission of evidence proving their innocents. A defendant and his or her legal representation must prove to the judge and jurors why they are innocent and that he or she should not be held accountable for the crime in question. The defense that could be entered is either factual, which will indicate that the defendant did not commit the crime or it could be legal which will indicate that the defendant had committed the crime but he or she may not be held legally...

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