How can an attorney present a defense strategy in a criminal trial?

In a criminal trial, an attorney’s strategy is to present a defense that will prove their client’s innocence, or at least point out doubts that are created as to whether the crime was committed by their client. In California, an attorney will work with their client to develop a strategy. The entire defense strategy centers around presenting proof that the crime was not committed by their client. Attorneys can present evidence such as witness testimony or physical evidence that supports their client’s innocence. Attorneys will also look for discriminatory practices, such as racial profiling, which could have lead to the arrest of their client. They may also present evidence and argument that challenges the credibility of the prosecutor’s witnesses or the veracity of evidence presented by the prosecutor. An attorney might also use the defense of justification, which holds that the defendant’s criminal behavior was necessary to avoid a greater danger or harm. For example, a person that is defending themselves from a physical attack might be justified in the criminal law in responding with force. Attorneys will also use the defense of insanity, which claims that the defendant’s mental illness caused them to believe that their criminal behavior was required or warranted. When this defense is used, the attorney will likely present evidence of the defendant’s mental state at the time of the offense, as well as medical records and/or expert testimony related to their mental health. A defense attorney’s strategy may also include using the defense of entrapment, which claims that the defendant was coerced or induced into committing the criminal act. In this case, the defense attorney will have to prove to the court that the defendant was the passive victim of police or agent provocation. Finally, the attorney may decide to use the defense of alibi, which claims that the defendant was not present at the time of the crime and could not have committed it. In this case, the defense attorney will present evidence and testimony from witnesses that prove the alibi.

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How can an attorney present a defense strategy in a criminal trial?

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