The lawyer, in coming up with an effective criminal defense strategy that will hold up in court, would have to rely on his mental acuity and his skills with word use. There is no set or fixed strategy for criminal defense, since criminal cases vary with respect to their severity and the type of the case itself. Although one strategy is effective for one case, it does not automatically mean that it would have the same successful results when used in another.
To start with, a good strategy would be to stick to the truth and the facts of the case. The client would have to lay all the facts out on the table so the lawyer will be fully informed. Note, that what is considered as the 'truth' has variations in it, which the attorney and the client will exploit as their defense for the case. An example we could look into is a murder case. The client may have done it due to excessive provocation, or in self-defense when attacked. The attorney and the client can make use of these truths to come up with a criminal defense that will work in the client's favor.
The attorney will name three elements of the truth that the client should adhere to throughout the handling of the case. In the event that the client confesses about doing the deed, the reasons that led to the murder or the crime will be reviewed and evaluated by the lawyer. If the client repudiates the accusations, the lawyer will push for facts that clear indicated that his or her client is vindicated from events. On the other hand, it could be a case of combining the first two elements. The client witnessed the crime and could even be said to have been partially involved. However, he did not commit the crime, as he was accused. The theoretical strategies for the case will be major on the facts the client attest to from the three variations.
Next, comparisons will have to be made by the lawyer, drawing from the facts as stated by the client and the police report and other supporting statements gathered by the authorities. Aside from looking for loopholes and questionable timeframes, this is also an opportunity for the lawyer to see if there is anything he could capitalize on for his rock solid defense. An attorney with the actual facts will be in a better position to come up with a consistent defense that will clear the client of any wrongdoing. Using this truth, the prosecutor's claims will be discredited. At times, the will use what the prosecution has to say about the crime against the same word.
Letting the accused be in the know about the whole defense is also another effective strategy. In this strategy, some truth-bending would have to be done. Therefore, it is important that the client be coached to never lie about anything that could work negatively for the defense. It is the lawyer's responsibility to inform the client about what he could expect when he is called to the stand. The things he would say and wouldn't say would have to be coached carefully. Interview techniques and cross examinations are common, whereby the attorney ask some of the hard question that the prosecution will probably ask the accused while on the stand. This will pretty much solidify the story that is basically the backbone of your entire criminal defense.
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Orignal From: Strategies Used In Criminal Defense That Will Set You On A Winning Path
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