07 Oct What Does Common Law Mean in Arizona?
There are two ways that courts in Arizona interpret the law. Statutory law follows the letter of the law, while common law is based on previous rulings. In fact, an understanding of common law frequently helps defense attorneys build a stronger case.
The term “common law” is often referred to as the “spirit of the law.” Its standards are not defined by any written statutes or rules, instead, they rely on precedent. Common law’s reliance on past rulings makes it different from statutory law, which depends on a more literal interpretation.
How Does Common Law Affect a Case?
Past rulings in similar cases often provide an example or guide for current cases. Whether they come from federal, state, or local courts, consistent rulings create established precedents that set standards for judgments and often become new laws on their own.
Common law allows for fairness throughout the judicial system because the courts have a consistent interpretation of the law. When a precedent is set in a higher court, the lower courts typically follow precedent and pass a similar ruling. However, if a court finds a precedent to be inherently unfair or outdated, they can modify their judgment, setting a new standard.
Using Common Law to Build a Strong Defense
Three popular defenses depend on common law:
- Necessity: This defense says that a crime was committed with the intent to stop a worse crime from happening.
- Self-Defense: If a crime was committed in defense of the defendant’s life, family members, or property, they can plead self-defense.
- Mistake of Fact: When the defendant made an error in judgment that led to a crime, the mistake of fact defense can apply.
When building a defense, your lawyer will look at the ways that former rulings might affect your case. They will look for cases that have a similar context to yours, and see how those cases were resolved. While some precedents might be groundbreaking, even the more insignificant cases can be important.
Common law can be used to influence the way the judge decides on sentencing. If the best possible outcome during a trial is a conviction, a defense lawyer might use common law to push the court to offer leniency by citing other cases where shorter jail or prison terms or even probation was given in similar circumstances.
Certified Criminal Defense Attorney in Phoenix, Arizona
If you are facing criminal charges, it is very important to have a lawyer that understands common law. They need to know how to search through case law for precedents that can be used to aid your defense.
Todd Coolidge is a certified criminal attorney with over 25 years of experience defending cases in the Arizona courts. Not only does the Coolidge firm offer a personal touch, we also understand the importance of defending your case from every possible angle. If you have been charged with a crime, contact us today to request a consultation.
Images used under creative commons licence -commercial use (10/7/24). Photo by Debby Hudson on Unsplash.