In
jurisprudence, 'procedural defenses' are a form of
defense, via which a
party argues that they should not be held
liable for a legal charge or claim brought against them. In
common law jurisdictions the term has applications in both
criminal law and
civil law. Procedural defenses are applicable independently of the question of guilt or innocence in a criminal proceeding, and independently of
substantive findings for or against a
plaintiff or
defendant in a civil proceeding.
In the
United States, procedural defenses include:
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collateral estoppel
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denial of a speedy trial
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double jeopardy
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entrapment
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prosecutorial misconduct
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selective prosecution
Traditional procedural defenses in "equity" in the U.S. and other
common law jurisdictions:
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laches
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estoppel
See also
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legal technicality