header photo

Matt Pinsker


What are the 7 Procedural Defense

Procedure defenses are arguments against the state's ability to bring a case against a defendant. They point to a problem with how the case is being handled or the state's lack of authority to bring the case, not to the facts about the crime or the criminal.

They include double jeopardy, speedy trial, entrapment, and immunity. They also include wrongdoing by the prosecutors.

In the law, notice is information that tells someone about something that is happening or will happen. A statement can be spoken or written.

An individual or an attorney can send a notice. It could be sent to the court or all parties involved in a legal matter.

A notice is an integral part of a legal procedure because it confirms that a party will participate in the proceedings. It also describes what will happen and when.

Criminal responsibility depends on both actus reus (action) and men's rea ("guilty mind") of the defendant. The prosecution must show that the defendant intended to commit the crime.

Intent can be defined as the desire to get a particular result or the knowledge that harm is likely. This part of the crime usually requires both the act and the criminal intent to be present simultaneously.

For crimes that require specific intent, like assault or driving under the influence, involuntary intoxication is often a valid defense. But it does not apply to crimes with strict liability (where proof of men's rea is not required).

Involuntary intoxication is one of the seven procedural defenses that a criminal defendant can use. The defense says that because the defendant was drunk, they couldn't have had the necessary intent to commit the crime.

With double jeopardy, prosecutors can only try you once for the same crime, even if they have a strong case. For example, if you were accused of murder in state court and found not guilty but later found guilty of the same charge in federal court, the double jeopardy rule would prevent the government from bringing a civil case against you.

The rule also says that the government can't put you on trial again for the same charge after you've been convicted or found not guilty, and it says that the government can't punish you more than once for the same crime. For these reasons, hiring an attorney who knows your rights and can use the above defenses to protect you at trial is essential.

In civil law systems, statutes of limitations limit the amount of time a person has to file a legal claim. These laws protect people who might be accused of a crime from unfair legal action. This is mainly because evidence can get lost or muddled over time, and witnesses' memories can fade.

Many states have deadlines for crimes like murder. But others don't, like treason and embezzlement.

Entrapment is when a government agent or official convinces or forces a person to do something illegal that they wouldn't have done otherwise. It is a defense against criminal charges that requires the defendant to show four things:

The defendant has to show that the officer used a tactic or method that would probably get a law-abiding person to break the law. It's called "objective entrapment." It's a more straightforward standard that usually works better than subjective entrapment.

Prosecutors have a lot of authority and responsibilities. To put criminals in jail, they must follow strict behavior and professional ethics rules.

Incorrectly giving evidence to the defense during a trial is one of the most common ways a prosecutor does something wrong. This goes against the defendant's constitutional rights to Due Process of Law and a fair trial.

For prosecutorial misconduct, punishments include overturning convictions on appeal, finding a prosecutor in contempt of court, sending a prosecutor to a bar association grievance committee, or even removing a prosecutor from office. But many cases where misconduct is suspected or found are settled before going to trial. This is often done through plea bargaining, case diversion, or other methods that don't involve a trial.

Go Back


Blog Search


There are currently no blog comments.