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PROCEDURAL DEFENSE

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:

collateral estoppel

denial of a speedy trial

double jeopardy

entrapment

prosecutorial misconduct

selective prosecution
Traditional procedural defenses in "equity" in the U.S. and other common law jurisdictions:

laches

estoppel

Contents
See also

See also



legal technicality

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