In the United States, about half of all defendants who are convicted on criminal charges plead guilty. Many times, that is because they are fearful of the potential harsh penalties from a lengthy and expensive trial. To help prevent this from happening, some states turn to experts in the field of criminal law to provide an analysis and/or opinion of a case in order to aid in sentencing decisions.
What is a Criminal Case?
A criminal case refers to a case in which someone has been accused of violating the law criminally. The criminal case is an adversarial process and the prosecution represents the state while the criminal defense attorney represents the defendant.
What are Criminal Defendants’ Rights?
Criminal defendants have constitutional rights that stem from both the Fifth Amendment which prevents defendants from being compelled to be witnesses against themselves and the Sixth Amendment which guarantees defendants with a right to counsel.
What Are Criminal Cases Involving Experts?
Criminal cases that involve brampton criminal law experts include not only those that involve the death penalty, but also those involving post-conviction relief (e.g., federal habeas corpus proceedings or civil commitment) or an appeal of a criminal conviction.
Why is it Important to consider Criminal Law Experts in Criminal Cases?
Experts in criminal cases can provide useful information about convictions, sentencing and/or appeal of convictions. They can provide information about the defendant’s life history and background. The death penalty is a major concern in criminal law and it is important to include experts that study issues in the field of capital punishment.
Who are Some Examples of Criminal Law Experts?
Some examples of criminal law experts include psychologists, psychiatrists, criminologists, sociologists, historians and behavioral science experts.
How is an Expert Used?
An expert can provide information about the defendant’s background and life story. The expert may be asked to examine the defendant’s mental health, give a diagnosis and/or comment on whether or not a defendant is likely to re-offend in the future. The expert may also be asked to discuss their recommendations for sentencing and/or a person’s likelihood of rehabilitation.
Experts can also provide information about the history of criminal law. An expert can discuss the application and development of criminal law and the role of trial-type courts in criminal justice under the traditional Anglo-American legal system including the adversarial system.
The expert may also provide information about sentencing. An expert can discuss the purposes of punishment, evaluating factors that are important to consider in a particular case and applicable approaches to sentencing. The expert may also serve as an expert witness for a person seeking post-conviction relief or appeal of a conviction.