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Innovative defense - Wikipedia, the free encyclopedia (80 words) |
 | Innovative defenses (the invention of which is sometimes called creative lawyering) are relatively new and untried defenses for having committed a criminal act. |
| Being innovative, there is little or no precedent bearing upon them. |
| Parodies of innovative defenses are sometimes seen in entertainment, for example the Chewbacca Defense. |
| Twinkie defense - Wikipedia, the free encyclopedia (920 words) |
| This biological defense is a so-called "innovative defense", through which defendants argue that they either should not be held criminally liable for actions which broke the law, or that the criminal liability should be mitigated to a lesser offense (e.g. |
| This improbable defense was accepted by a jury that had been carefully selected by a skilled defense attorney to contain jurors who would be more sympathetic to Dan White than to Harvey Milk, in particular. |
| As a result of the White case, diminished capacity was abolished in 1982 by Proposition 8 and the California legislature, and replaced by "diminished actuality," referring not to the capacity to have a specific intent but to whether a defendant actually had a required intent to commit the crime with which he was charged. |
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