How to be well-versed in criminal law statutes as a defense attorney
Legal terms • criminal law • criminal law statutes
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Jump to:
| What to cover in your research |
| Classification of crimes |
| Elements of a crime |
| Statute of limitations |
| Defenses and exceptions |
| Case law and precedent |
| Amendments and updates |
| Summary and related resources |
What to cover in your legal research
To become well-versed in criminal law statutes as a defense attorney, you should conduct extensive research on substantive legal issues that may arise during a deposition, including:
- Understanding the elements of the clients’ claims and defenses
- Anticipating likely objections from the prosecuting attorney
- Studying testimonial privileges that a witness may assert
It’s also crucial to understand the procedures of Department of Justice (DOJ) investigations, the elements the government must prove, potential penalties, and best practices for navigating a criminal investigation or prosecution. The U.S. Department of Justice’s Civil Rights Division enforces a range of statutes to protect the rights of citizens. The Criminal Section of the Civil Rights Division is tasked with enforcing those laws.
Finally, it’s important to be familiar with all available remedies for your client, so you can develop an effective strategy to achieve the optimal outcome. As a defense counsel:
- Carefully prepare your witnesses to testify at trial
- Make opening statements that accurately forecast the evidence to come,
- Execute closing arguments that persuasively summarize the admitted evidence
Classification of crimes
Criminal law statutes typically classify crimes into different categories based on their severity. These categories may include felonies, misdemeanors, and infractions. Know the distinctions between these categories and the potential penalties associated with each.
Elements of a crime
Statutes define the elements of a crime that must be proven for a particular offense to occur. These elements typically include the actus reus — the guilty act, and the mens rea — the guilty mind. Carefully analyze the statutes to identify the specific elements that need to be proven or disproven in a particular case.
Statute of limitations
Criminal law statutes often set a time limit within which a prosecution must be initiated. Be aware of these limitations to ensure clients are not unfairly subjected to prosecution for an offense that occurred too long ago.
Defenses and exceptions
Criminal law statutes may contain various defenses and exceptions that can be invoked by the accused. Study the statutes to identify potential defenses that can be raised on behalf of clients.
Sentencing guidelines
Criminal law statutes often provide guidelines for sentencing upon conviction. Familiarize yourself with these guidelines to properly advise clients regarding potential penalties and negotiate for favorable sentencing outcomes.
Case law and precedent
Research relevant case law and precedents that have interpreted and applied criminal law statutes. Understanding how courts have interpreted statutes in the past can help build stronger arguments and navigate the complexities of criminal law.
Amendments and updates
Criminal law statutes can be subject to amendments and updates over time. Therefore, stay informed about any changes to the statutes to provide accurate and up-to-date legal advice.
Summary and related resources
- Criminal law statutes classify crimes into felonies, misdemeanors, and infractions, with varying penalties.
- Elements of a crime include actus reus and mens rea, which must be proven for conviction.
- Statute of limitations sets a time limit for prosecution, ensuring fairness to accused individuals.
- Defenses and exceptions in criminal law statutes can be raised on behalf of clients.
- Research case law and precedents to understand how courts have interpreted criminal law statutes.
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The content appearing on this website is not intended as, and shall not be relied upon as, legal advice. Although this content was created to provide you with accurate and authoritative information, it was not necessarily prepared by attorneys licensed to practice law in a particular jurisdiction. It is general in nature and may not reflect all recent legal developments. Thomson Reuters is not a law firm and an attorney-client relationship is not formed through your use of this website. You should consult with qualified legal counsel before acting on any content found on this website.
