What is an example of a procedural defense?

by Raja Rajendraprasath|17 Feb 2021|Government|Legal Issues|148 views
Procedural defenses are a type of defense in which a defendant argues that they should not be held liable for a charge that has been leveled against them. This form of defense is applicable in criminal law as well as civil law. Examples of procedural defenses include prosecutorial misconduct and entrapment.

Herein, is a procedural defense similar to double jeopardy?

Double Jeopardy: Double jeopardy is a criminal defense that prevents a person from being tried for the same crime twice. Procedural defense: A procedural defense is a defense arguing that the defendant should not be liable for the charges against them.

One may also ask, what is an excuse defense?

Excuse defence is when the defendant admits to committing a criminal act but believes that he or she cannot be held responsible because there was no criminal intent. Excuse defences that are used in courts today are; Age, Mental Disorder, Automatism, Mistake of Fact and Mistake of Law.

Can ignorance of the law be used as a defense?

An ancient maxim of the law is ignorantia juris non excusat, or ignorance of the law does not excuse. Put another way, it is presumed that the public knows the laws, and a defense of ignorance is typically not allowed. This principle is at the heart of the recent decision by the state supreme court in State v.

What are the two types of procedural law?

Because procedural law is a means for enforcing substantive rules, there are different kinds of procedural law, corresponding to the various kinds of substantive law. Substantive laws are covered in such articles as criminal law, business law, and constitutional law.

Quote of the Day

We are very good lawyers for our own mistakes, but very good judges for the mistakes of others.

Top Authors