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Origins of Criminal Defense from Your Denver Criminal Lawyer


February 1, 2017

In America, those charged with a crime are innocent until proven guilty. Upon an arrest, a Denver criminal lawyer works with their client to prove their innocence or help reduce a sentence. They go through in-depth research to review the case and to fully represent a person.

Sixth and Fourteenth Amendments

Criminal law dates back to some of the world’s most ancient legal systems. In America, The Sixth Amendment gives everyone the right to a speedy and public trial by an impartial jury. By having a public trial, those being tried cannot be tucked away in a private trial. Those a part of the jury are not to have any knowledge about the crime or either of those involved so they can have an unbiased look over the case. Created with the Bill of Rights in 1791, the Sixth Amendment gives those arrested for a crime the right to have proper legal counsel. In 1868 the Fourteenth Amendment was initiated which made it illegal for any natural born or naturalized citizens to be prohibited from life, liberty or property without due process. This also gave citizens the right to equal protection of the law. These amendments are very important in defining criminal defense in America.

Durham vs. The United States

One of the earlier well-known criminal defense trials was the 1954 Durham vs. United States trial. The case centered on Monte Durham who had been convicted of breaking into a house. Durham had a history of mental illness in which his defense discussed made him not in the right mental capacity to be charged for this crime. This case was one of the first insanity defense cases which means the defendant is not in the right mental space to be charged or convicted of a crime. Today because of cases like Durham’s, defendants can plead “not guilty by reason of insanity” in court. This is now known as the Durham rule. However, if they are found not guilty by insanity, the person typically must undergo treatment for their condition. Learn more about the Top 10 Most Notorious Insanity Defense Cases.

Importance of Criminal Defense

If charged for a crime, it is important to have a good criminal defense lawyer. Those in the profession will fight for your case and have a wide range of knowledge to help walk you through your case. Often there is so much more than meets the surface with criminal defense. It is important to have the right person on your side that understands your situation, the people to talk to, and witnesses. Great criminal defense lawyers understand your overall state of mind or the situation at hand and how it applies to your case. A great criminal defense attorney also knows how to fight for a proper plea to help reduce any charges in a potential sentence.

If you are arrested, it is important to know your rights. John L. Buckley is an excellent Avvo rated attorney that focuses exclusively on criminal defense, DUI/DWAI, misdemeanors and felonies. Learn more about John L. Buckley and call his office at 303-501-1800 if you have questions for you or a loved one’s case.