Difference between revisions of "Procedural defects"

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* Did the prosecution fail to follow any of these requirements?
 
* Did the prosecution fail to follow any of these requirements?
 
* If so, what are the legal consequences of failing to follow that procedure?
 
* If so, what are the legal consequences of failing to follow that procedure?
 
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== Defenses ==
+
See [[Defenses]]
 
 
'''Table of Contents'''
 
 
 
===Procedural Defenses===
 
* [[Double jeopardy]]
 
*[[ Statutory Limitation]]
 
*[[ Lack of jurisdiction]]
 
* [[Entrapment]]
 
* [[Procedural defects]]
 
* [[Motion to suppress]]
 
*[[ Immunity and Public Authority]]
 
 
 
===Normal Defenses===
 
* [[Self-Defense]]
 
* [[Defense of others]]
 
* [[Defense of property]]
 
* [[Mental Incapacity]]
 
* [[Alibi]]
 
* [[Necessity]]
 
* [[Duress]]
 
* [[Physical Impossibility]]
 
* [[Mistake of Law]]
 
* [[Mistake of Fact]]
 
* [[Mistake of identity]]
 
* [[Consent]]
 
* [[Lack of intent]]
 
* [[Maltreated Women Syndrome]]
 
*[[ Intoxication]]
 
* [[Criminal act with Sincere Intent]]
 

Latest revision as of 15:46, 12 November 2010

This procedural defense argues that the prosecution did not follow the required legal procedures with the defendant. The defense lawyer must consider the following:

  • What procedures was the prosecution required to follow?
  • Did the prosecution fail to follow any of these requirements?
  • If so, what are the legal consequences of failing to follow that procedure?

See Defenses