The legal system is one of the ancient social adoptions still prevailing today. By all accounts, unquestionably, it‘ll carry on till the end of the world. The nature of judgments differs in the different lands, but the aim is the same- justice.
How successful has the law been? – is entirely a matter of a big debate. But, the law is not always about proving a person guilty.
A person accused by someone is not necessarily guilty. The law cannot punish them without proof or sentence illogically. We get to understand slight distinctions like battery vs. assault. That’ll help us in getting justice by going with the law.
How? The law believes a person is not guilty until proven. It also allows a convicted person to reclaim as innocent. That starts with the basics. Let’s learn about the 6 Different types of legal defences in criminal laws.
6 Types of Defences
The types of defences are not necessarily these 6 kinds below. There are so many types of crimes along with associate legal codes.
Coercion and Duress
Some situation leads a person to break the law or harm anyone. It could be someone else’s influence or as the obvious reaction to a circumstance. For example, involving a person in a crime by forcing them or threatening the lives of their close ones. In that case, the lawyer tries to ratify the forceful involvement.
Abandonment or Withdrawal
It’s not surprising that a person comes back from a crime after approaching halfway. That happens either because of the good conscience inside the person or the thought of legal consequences. Whatever the reason is, the chance remains that that individual receives a less severe sentence, sometimes the proof of innocence.
An individual may not only leave the crime. They might also inform the legal enforcement. If it is possible at the right time, the victim won’t suffer too much. And, the accused one gets an easy go. But, everything needs proof.
Self-Defence
Regarding the crimes like assault or battery, even murder can result from self-defence. A person has the right to respond to the attack upon them with equal or less force. In that case, the court can take the defendant’s act as a result of natural impulse.
But, the court always follows rationality. A person cannot hit an old man with a broken bottle. On the other hand, it seems quite natural to resist a person with a baseball bat being hostile with a hockey stick.
Defence-of-Others
The law allows a person to use their force to save another person. A person has the right to protect their spouse, child or any other family member by default. Even, it’s justified to become violent for saving a stranger from another’s attack.
So, it is as same as self-defence as long as the defendant doesn’t cross the line decreed by the law.
Alibi
This affirmative defence is the act by the defendant’s side to prove that the accused person was absent at the crime scene. An alibi can be a person’s testimonial, any surveillance footage or any event’s or place’s ticket, i.e. restaurants, stores, etc. It also can include call records.
Necessity
A person may let himself be involved in a crime to prevent a more critical situation. Say, for example, a man stealing a car to take a gunshot victim to the hospital. Needless to say, stealing a car for own use won’t be considered a necessity. Thus, a person can’t apply for the defence in the second case.
Other types of legal defences in criminal law
Other than these 6 types mentioned, Innocence, Defence of Property, Involuntary Intoxication, Mistake of Law or Mistake of Fact, Statute of Limitation are other legal defences in criminal law.
Last Words
6 different types of legal defences in criminal law and rest others is a message that there is always a chance to prove an innocent as innocent. And, there’s no chance to frame a person to make them suffer. Some people do that to flee from a charge.
Everyone should perceive the knowledge of the law. It can help them in different phases of life, especially when they happen to get involved in any legal case. No one can get a better teacher than a lawyer when it’s about the law. If you’ve any lawyers from your family and friends, invite them for a cup of tea. I believe they’ll enjoy your company, and you, their knowledge.
