Every case, whether criminal or civil, has two truths and two sets of individuals. The sole purpose of these individuals, namely the prosecutor and the defendant, is to convince the jury that their statement is the truth. Whether the verdict is related to the actual set of events that occurred is a debate for another day.
Today, we’ll be talking on behalf of the defendant. In a criminal case, there are multiple strategies that experienced lawyers use to procure a not-guilty verdict. It is best to seek the help of reputed law firms, such as Chudnovsky Law, which can strategize and make the jury rule in your favor.
Among the numerous tactics criminal lawyers use, here are seven strategies that have been effective in winning cases.
Double Jeopardy
Double Jeopardy is a procedural defense in the Fifth Amendment of the US Constitution that prevents a person from being prosecuted more than once for the same crime.
To put it in simple terms, if Joe has already been acquitted of robbery once, the prosecution cannot drag him to court for the same robbery again, even if new evidence surfaces.
Double Jeopardy is a valid strategy that criminal lawyers use to win cases. The O.J. Simpson case of 1995, the Harry Aleman case of 1976, and the Michael Weir case of 1998 are a few notable examples.
A Solid Alibi
The criminal defense lawyer can push for an acquittal if they can prove the defendant’s alibi. Providing sufficient evidence that the defendant was not present at the scene of the alleged crime works as a good defense.
Incorrect Identity
A case of mistaken identity comes into play when prosecution witnesses give vague or incorrect descriptions of the perpetrator. This may happen when the witness has just presumed that someone with a similar but not exact identity was present at the crime scene or when the witness is attempting to cover up a crime they committed.
Improper Investigation
The authorities assigned with the task of collecting evidence may, intentionally or unintentionally, botch up the task. Botching up here refers to mishandling evidence and overlooking certain elements or theories. There are also instances where authorities manufacture evidence and try convincing (read: threatening) witnesses with the intention of pushing for a guilty verdict.
Self Defense
Not all crimes are committed after meticulous planning. Some happen as a reaction when a person or a loved one feels threatened in a particular situation. This is also called the Castle Doctrine, which states that “individuals have the right to use reasonable force, including deadly force, to protect themselves against an intruder in their home.” A criminal defense lawyer can argue for an acquittal if the alleged crime was committed as an act of self-defense.
Insanity Plea
A criminal case lawyer can seek an insanity plea if they have sufficient evidence to prove that the defendant was legally insane when the alleged crime was committed. This is a valid defense strategy, as a person cannot be tried for a crime when there’s no willful intent.
Statute of Limitations
Statute of Limitation laws mention a specific period of time after which a person cannot be tried for a crime. But, this is not applicable to serious offenses like murder, embezzlement of public funds, or crimes that are punishable by death or life imprisonment.
Though it may sound unreasonable, the objective behind the Statute of Limitations is to make sure that the verdict of the case doesn’t have to depend on evidence that has worn out with time.
Apart from these seven, criminal defense lawyers also use a strategy called involuntary intoxication, where the defendant may have committed the alleged crime after consuming spiked drinks and/or mislabeled drugs or alcohol.
You may think about representing yourself in a criminal case. But with an experienced criminal defense lawyer by your side, your chances of an acquittal go up considerably.
