Prosecution of Crimes

Unless a crime is a strict liability crime (meaning that no particular mental state is required), statutes typically break crimes down into two elements: an act (the “actus reus”) and a mental state (“mens rea”), such as knowingly or recklessly. In order to convict someone of a crime, a prosecutor must show that the defendant has met both of these elements. For example, larceny is the taking of the property of another with the intent to deprive them of it permanently. Thus, the defendant must have committed the act of taking the property and have done so with the mental intention to take the property of another (as opposed to believing that the property belonged to him).

It is not enough for a prosecutor to suggest that the defendant committed a crime. Rather, the prosecutor is required to prove each, and every element of a crime “beyond a reasonable doubt” for a defendant to be convicted. Police officers, prosecutors, and other government officials must also follow certain procedures in pursuing criminal activity. This is because all citizens have certain constitutional rights that the government must respect and protect. If these rights are not respected, it may prevent a prosecutor from obtaining a conviction in a case. The United States Constitution sets forth these rights and the protections that are afforded to defendants. 

The Fifth and Sixth Amendments of the Constitution protect citizens from unlawful questioning and interrogation by police officers, as set forth under what is, called Miranda Rights, which police officers must provide before questioning can occur. Similarly, the Eighth Amendment of the Constitution protects criminal defendants from receiving punishment that is unusually cruel or excessive. Violation of any of these constitutionals can lead to the exclusion of evidence from a criminal trial, which in some cases may extinguish or weaken the prosecution’s case against the defendant.

If you have a criminal matter pending against your interest, a friend or family relative, we are available to discuss your legal options and rights. It’s always in your best interest to consult with an experienced attorney before you give a statement or confession to law enforcement in any criminal proceedings.

Robert Akomah & Associates can assist clients who have felony, misdemeanor, DUI or traffic charges in the state, superior or Federal Courts within the State of Georgia.