Criminal Defense, the California Killings and Implications within Criminal Defense
Suddenly a gun holder opens fire on a crowd instantly killing some and fatally wounding quite a number. How, as a criminal defense attorney would you defend such successfully? You must create adequate doubt on all accusations by the prosecution.
The following are some of the common defenses:
- Prove that They have the wrong man
The defendant claims that he is the wrong person. In the two cases of Elliot Roger at Santa Barbara and Joseph Ferguson at Sacramento the criminal defense attorney, in absence of any video evidence, may put forth a case for “the wrong man”. The crime of murder took place but not by this defendant. In this scenario you can create an alibi.
- Create Doubt
As defense poke holes in the prosecution witness so as to create doubt in the entire case. For instance you can allude that the suspect was gunned down by police to cover up a sinister motive. The police could have immobilized the suspect, you may argue. In absence of video evidence to the contrary, this line of defense may prove successful.
- Demonstrate that It was done in Self-Defense
The defense admits to the crime and the criminal defense attorney claims that it was justified in the circumstances. In case of mass murder, as the case of Elliot Roger and Joseph Ferguson, one can claim that the crowd was after severely injuring or even killing the suspect so he had no choice but to open fire. The defendant can claim that he was not the aggressor and that death to him was eminent.
- Prove Insanity of Defendant or Undue Influence
As attorney, establish beyond any reasonable doubt that the defendant was not in control of themselves at the time of committing the murder. Demonstrate that they were not mentally and psychologically aware of what they were doing at the time. The defense may put forth a case that the defendant was legally insane. Demonstrate that they committed a crime under the influence of drugs and chemicals that would affect their mental functioning and that they cannot be held accountable for their actions.
There are quite many lines of arguments as to why a criminal defense attorney would want their client acquitted. Importantly is how convincing you are to the judge and jury not the bare facts. The cases of mass murder plus suicide as in California recently, can best be argued of as cases of insanity of the defendant.