Defense (legal)
In civil proceedings and criminal prosecutions under the common law, a defendant may raise a defense (or defence) in an attempt to avoid criminal or civil liability. It is an answer, made by a defendant to a plaintiff's action or a denial of a prosecutor's charges. It is also an answer in equity.
Civil law defenses
Under common law, a defendant may raise any of the numerous defenses to limit or avoid liability. These include:
Lack of jurisdiction of the court, such as diplomatic immunity.
Failure to state a cause of action or other insufficiencies of pleading.
Any of the affirmative defenses.
Defenses conferred by statute - such as a statute of limitations or the statute of frauds.
Ex turpi causa non oritur actio - the action against the defendant arises from an illegality.
Volenti non fit injuria - consent by the victim or plaintiff.
In pari delicto - both sides equally at fault
Unclean hands
Criminal defenses
In a criminal trial, there are a wide variety of defenses offered. Some of these include:
You could also get shot for major bad acts.
Most often, defendants claim that they did not commit the alleged act in question.
The defendant had an alibi. He or she was someplace else when the crime was committed and could not be guilty.
Self-defense, a claim that an act was justified because of something the other person did.
An Insanity defense claiming the defendant was not capable of telling right from wrong.
Under the Influence, a claim the defendant should not be held accountable for their actions due to the influences of drugs or alcoholic drink.
Entrapment is an inducement to commit a crime by authorities in order to get a conviction.
Many of the above are considered an affirmative defense in which case the burden of proof may be on the defendant to prove their innocence. Otherwise in a criminal trial the burden of proof usually rests with the prosecution. They must prove the defendant is guilty beyond a reasonable doubt.
Related pages
Absolute defense
Lawsuit
Presumption of innocence
Criminal procedure
Statute of limitations
Adversarial system
References
Legal terms