In murder and homicide cases, firearms and weapons offence lawyer plays a crucial role in ensuring a fair legal process.
For instance, they employ tailored defence strategies to protect their client’s rights.
Although, the Canadian legal system specifies that individuals accused are innocent until proven guilty. But there are some serious complexities involved in defending such murder and homicide cases.
It is important to note that each case is unique. So, let’s learn what defences a lawyer can employ in murder and homicide cases.
Check the Numbers: Murder and Homicide Case in Saskatchewan
Often, we see shocking murder and homicide cases that have sent shockwaves through the province. A report said 40% of homicide victims were killed by shooting in 2021.
Sometimes, the cases involve the mysterious deaths of multiple individuals without a single clue. But law enforcement agencies have been working tirelessly to investigate the crimes, employing their expertise to uncover the truth.
6 Defences Criminal Lawyers Employ in Murder and Homicide Cases
A criminal lawyer can utilize the following defences in murder and homicide cases to save their innocent clients:
1. Challenging the Evidence
Defence lawyers often challenge the prosecution’s evidence to undermine the claim.
In defending, the firearms and weapons offence lawyer argues that the accused did not possess the necessary intent to harm anyone’s life.
Furthermore, a defence lawyer states that there was a lack of motive. They challenge the prosecution’s evidence to weaken the murder charge.
2. Invalidating Witness Testimony
Proving wrong witness testimony is a strong weapon for criminal lawyers defending murder and homicide cases. For example, an alibi of staying in a different location can prove their innocence.
The defence lawyer arranges the witnesses, surveillance footage, cell phone records, or any other credible evidence that supports the alibi.
The lawyers may also enlist the help of experts like forensic specialists or psychologists to challenge the reliability of witness testimony.
3. Describing the Mental State
Criminal lawyers often employ the insanity defence in murder and homicide cases where the accused’s mental state is questioned.
The statements testify that the accused committed the crime in impaired mental capacity at the time of the offence.
The defence may present evidence like medical records or witness accounts to support the claim.
In Saskatchewan, the legal standard for insanity is determined by the M’Naghten Rule. The rule focuses on the accused’s ability to understand the nature and quality of their actions.
4. Opposing Forensic Evidence
The defence strategy often involves challenging the validity of the forensic evidence presented by the prosecution.
Defence lawyers may engage forensic experts to analyze DNA, ballistics, fingerprints, blood spatter etc.
Once the lawyer presents their expert witnesses to counter the prosecution’s forensic evidence, these experts can provide alternative hypotheses or interpretations of the evidence.
5. Errors and Constitutional Violations
In murder and homicide cases, defence lawyers may employ a strategy by identifying constitutional violations.
To do that, the defence lawyer thoroughly reviews the case to identify any potential constitutional violations.
Moreover, the defence lawyer may argue that the evidence was obtained through an unlawful search and confession.
Doing this, they may challenge the credibility of witness statements.
6. Presumption of Innocence
Canadian law states that individuals accused of a crime are presumed innocent until proven guilty. The presumption of innocence is a fundamental safeguard to protect individuals.
This rule ensures that the accused is not required to prove their innocence. Instead, the prosecution has to show guilt.
Moreover, the defence lawyer may present alternative interpretations of the evidence to demonstrate reasonable explanations for the crime. They may point out any biases or lack of firsthand knowledge.
This high standard of proof ensures that the accused is not convicted based on mere suspicion. The accused may be found not guilty if the defence successfully induces reasonable doubt in the judge’s mind,
Final Notes
Well, that’s all. Apart from everything, many youths face 1st-degree murder, sexual assault and robbery with a firearm in Saskatchewan.
So, criminal lawyers must employ various defence strategies to protect the rights and interests of their clients.
As a result, they challenge the prosecution’s evidence, invoke self-defence, or re-analyze the forensic evidence.
Also, you know that each case is unique, so defence strategies based on a specific case’s circumstance have a much higher value.
