A Defense Overview

 A Defense For The Accused is either a denial of having committed a wrongful act or a justification for what would otherwise be regarded as criminal behaviour. For a defence to succeed, the accused must produce evidence that supports it.

Most often, defendants go with the claim that they simply did not commit the alleged act in question. They might argue that someone else committed the crime or that no crime was committed in the first place. A defense attorney taking the position that no offense happened might claim that witnesses versions of events are untrue or that the client's actions didn't satisfy all the elements of the offense.

There are several other defences available that do not qualify either as mental states or justifications. An accused person may not claim mistake of law, or ignorance of the law, as a defence for committing a criminal act. However, an important exception is in the case of an accused relying on the erroneous legal advice of an official such as a police officer. This is known as an officially induced error. A person whose behaviour would otherwise be criminal may have a defence if that person made a mistake of fact-an honest mistake that led to the criminal offence. For example, if a person mistakenly took a bike she honestly believed was hers.

Generally, a person who has been tried for an offence cannot be tried again or placed in jeopardy for the same offence. This defence is called double jeopardy. A defendant who advances the defence of alibi must present evidence by witnesses supporting the claim that he or she was not present when the offence was committed. Entrapment refers to police conduct that illegally induces criminal behaviour. If the judge agrees that there has been an abuse by the police, the judge will “stay” the proceedings, or stop the trial.