A few years ago, when I was first learning the Criminal Law, it seemed as if all lawyers were using the same dueling defense strategy. I came to learn that this is not true. It has been suggested to me by my Criminal defense lawyer that there are no similar practices in any of the criminal defense or Criminal law schools in the country.
In the middle of the trial, as each defendant points out to the jury in a case, a similar but different dueling defense strategy comes up in the next case, in this case, a lawyer must be prepared to attack the new case he's going to try out the following day. This makes sense; otherwise a lawyer could spend his whole time preparing a case only to realize that he might have the wrong one ready for trial.
If this is a new case, then a criminal defense lawyer may be using the most general strategy at the time. It would be foolish to suggest, as many of us do, that everyone is equally competent to defend a case, and not every Criminal attorney can apply this technique. Every criminal defense lawyer has a duty to learn and apply their legal theories in every case, but in some cases, the most successful criminal defense attorneys will use several theories during the course of the trial.
We all think of the dueling method when we hear it, but how often do we think of the application of new theoretical concepts in a trial? Sometimes, a criminal defense lawyer will apply an argument that has been previously used in the majority of cases, and other times, a new theory will be considered that is not common. In addition, sometimes it is just better to combine two or more strategies in a single case.
Therefore, I am wondering if there is really a Dueling Defense strategy for all criminal lawyers. Even if there is such a strategy, I have never seen it. No matter where I go, I see a number of lawyers who have been known to apply the dueling strategy, but there is not always a strategy for every type of defense.
If there was a single Dueling Defense strategy that had been applied in the majority of cases, we would have a short article discussing the different theories that lawyers have used to successfully defend cases. We would then find out which type of strategy was most successful and which type of theory was the most effective for each type of defense.
We'd also find out why the specific legal theory was most successful in this particular case. We'd know why one theory was more successful than another and how each of these various strategies is employed in this particular case. The reader could then decide for themselves if these tactics are truly legal or not.
Of course, if we were to use the dueling strategy in a new case, we could learn about it. Maybe then we could decide whether or not these tactics were legal or if these tactics were necessary in this particular case.
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