Proof & Defenses in Criminal Cases
How do prosecutors try to prove guilt? How do defendants try to disprove it? What kind of information is the prosecution and defense entitled to, and how do they introduce it at trial? This section answers these questions and others, taking an in-depth look at the way criminal trials take shape.
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Hearsay is a verbal or written statement by someone to a witness who, while testifying in court, repeats the statement.
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Investigating a Criminal Case: Interviewing Prosecution Witnesses
If done properly, trying to interview prosecution witnesses can be an effective investigation technique.
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Discovery: What and When the Prosecution Must Disclose
Discovery is the process through which defendants find out about the prosecution’s case.
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Preservation of Evidence in Criminal Cases
The government has a duty to preserve certain types of evidence it collects during criminal investigations and prosecutions.
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In order for the government to have authority to regulate any kind of behavior, it must have “jurisdiction.” In most cases, jurisdictional issues are straightforward—the crime occurred within a
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If a crime occurs in two or more states, can each prosecute it?
Usually, any state in which an essential part of a crime has been committed can prosecute the offender.
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How Defendants' Mental States Affect Their Responsibility for a Crime
What makes a crime a crime?
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Murder vs. Manslaughter: State of Mind
Most people are aware that murder and manslaughter are distinct crimes. They might even know that each has subcategories—murder is either in the first or second degree, while manslaughter is either voluntary or involuntary.
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Defenses to Criminal Charges: An Overview
To convict a criminal defendant, the prosecutor must prove the guilt beyond a reasonable doubt. Of course, the defendant gets an opportunity to present a defense. There are many defenses, from "I didn't do it" to "I did it, but it was self-defense” and beyond. Read more about some common defenses below.
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Immunity in Exchange for Testimony
“You have the right to remain silent” is perhaps the most recognized adage in our criminal justice system. This rule comes from the Fifth Amendment to the U.S.
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A lesser included offense (or “necessarily” included offense) is a criminal law term for a crime that’s contained within a greater crime—you can’t commit the greater offense without committing the lesser.
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More About This Topic
- Burden of Proof
- Criminal Jurisdiction
- Criminal State of Mind
- Defenses to Criminal Charges
- Discovery: Finding Out About the Prosecutor’s Case
- Double Jeopardy
- Eyewitness Identification
- Forensic Evidence
- Investigation in Criminal Cases
- Juries in Criminal Cases
- Lesser Included Offenses
- Rules of Evidence
- The Privilege Against Self-Incrimination
- Burden of Proof
- Criminal Jurisdiction
- Criminal State of Mind
- Defenses to Criminal Charges
- Discovery: Finding Out About the Prosecutor’s Case
- Double Jeopardy
- Eyewitness Identification
- Forensic Evidence
- Investigation in Criminal Cases
- Juries in Criminal Cases
- Lesser Included Offenses
- Rules of Evidence
- The Privilege Against Self-Incrimination
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