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Encyclopedia > Procedural defense

In jurisprudence, procedural defenses are a form of defense, via which a defendant may argue that they should not be held criminally liable for breaking the law, as the criminal justice program violated procedural law as it was creating its case, and trial, against said defendant. Procedural defenses include: collateral estoppel, denial of a speedy trial, double jeopardy, entrapment, prosecutorial misconduct, and selective prosecution.


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  Results from FactBites:
 
Notable Court Decisions Concerning Criminal Law (18545 words)
Procedural Posture: The trial court refused the defense's request for a jury instruction stating that the Government must prove that he had actual knowledge that the false statements were made in a matter within the jurisdiction of a federal agency.
Procedural Posture: In the trial court, the judge allowed the prosecution to bring the doctor's wife to the stand and testify about her life, which was a play on the jury's sympathy.
Procedural Posture: The trial court gave a jury instruction on self- defense, and supplemented it with a statement that they must determine, from the subjective viewpoint of a battered wife, whether the D.'s belief that she was in imminent danger was reasonable.
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