Defenses That Are Actually Confessions
Posted on: 21 April 2015
Confessional defense is necessary at times, but it has its drawbacks and you should be aware of these. This is a defense that is an admission that you committed an act that is considered illegal, but you did not possess the intent to engage in criminal behavior. There are times when an "I did it because . . . " defense is effective for helping you be acquitted, or could be a mitigating factor to help you receive a lesser charge and punishment.
The defenses that are confessional in nature
The defenses that are actually confessions are
- Self-defense -- You committed a violent act because you were in fear of your life or to protect someone else from being hurt.
- Entrapment -- You were coerced by the police to commit the criminal act.
- Accidental -- You committed the act by accident and had no intent to break the law or hurt anyone.
- Insanity/Temporary Insanity -- You lacked the intellectual, moral, or emotional capacity to avoid committing the act.
The prosecution's job is made easier for this reason
A prosecutor's job is to put together a clear and convincing case that you are guilty of the act "beyond a reasonable doubt." To establish this, they have to prove you are the right person, that you were there at the correct time and place during the incident, and you actually did the deed. Since you are innocent until proven guilty, the prosecution has the burden of proof.
If you use a confessional defense, then the prosecutor doesn't have to worry with those things and will move on to establish your criminal intent to break the law. This can be in the form of a motive, or evidence that you were planning the crime, so therefore it could not have been merely self-defense, an accidental happening, or due to unfair coercion.
Your lawyer's job will be tougher in these respects
A lot of the time, a defense strategy can be primarily shooting holes in the prosecution's case. For instance, a district attorney may have a witness who says they saw you at the scene of the crime. Your attorney may be able to show that the witness has an ulterior motive for testifying, such as they were promised leniency, or that they have prior convictions which undermine their credibility. Also, if the evidence against you was obtained illegally, it's possible that its inadmissibility could cause your case to be dismissed due to lack of evidence.
By admitting you did the act, you and your attorney would have to work hard to establish that even though you did the deed, you lacked the intent to break the law. For example, if you are claiming entrapment, you would have to provide some believable evidence that the police went beyond professional behavior and coerced you with threats of violence, or continually harassed you with emotional appeals over a period of time.
If your defense was self-defense, you would have to show that the other person was the initial aggressor and that the threat to you was substantial and reality based. You would also have to show that you stopped once the danger had passed, you tried to get help, and you used force that was not greater than the threat.
For an insanity defense, an expert in psychology/psychiatry would have to testify that you were incapable of good judgment when you committed the act, and then the prosecution will also have an expert who will say you were capable. Then it could boil down to which expert's testimony the jury or judge would find credible. Even when this defense is successful, people often spend twice as much time being institutionalized than they would have been incarcerated after conviction.
However, it may be your best shot in these situations
If you were being charged with murder and your defense attorney hopes to have your charge reduced to manslaughter, a temporary insanity type of defense may be your best option. In a death penalty state, an insanity plea may be the thing that keeps you alive.
A confessional defense may also be the only reasonable option when the evidence against you is substantial and reliable. Also, if you have confessed to your attorney that you committed the crime, they would be ethically bound to work within that constraint. They would then want to help you to construct a defense that contains a version of events that would eliminate or reduce your culpability. For more information, talk to a professional like Scott L. Kramer Law Office.
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