U.S. Capitol building

On the Criminal Defenses of “Justification” and “Excuse”

Jamison Koehler Criminal Procedure, Defenses to Criminal Charges, Legal Concepts/Principles

  How can you not love the criminal defenses? With the government burdened with proving every element of an offense beyond a reasonable doubt, one criminal defense strategy is to challenge the identity of the perpetrator. Yes, says the defense lawyer in an alibi defense. I am sure the crime was committed, and wasn’t it a particularly egregious one at …

The Criminal Defense of “Mere Presence”

Jamison Koehler Defenses to Criminal Charges, Legal Concepts/Principles

  Assuming you did nothing to encourage or instigate the activity, there is nothing illegal about being present during the commission of a crime. There is also no duty, upon coming across a crime in progress, to prevent that crime from occurring. This is true even if you are with people who are actually committing the crime. These principles lay …