 | This article has multiple issues. Please helpimprove it or discuss these issues on thetalk page.(Learn how and when to remove these messages) (Learn how and when to remove this message)
|
| Criminal defenses |
|---|
| Part of thecommon law series |
|
| Othercommon law areas |
| Portals |
In acivil proceeding orcriminal prosecution under thecommon law or understatute, adefendant may raise adefense (ordefence)[a] in an effort to avert civilliability or criminal conviction. A defense is put forward by a party to defeat a suit or action brought against the party, and may be based on legal grounds or on factual claims.[2][3]
Besides contesting the accuracy of anallegation made against the defendant in the proceeding, the defendant may also make allegations against the prosecutor or plaintiff or raise a defense, arguing that, even if the allegations against the defendant are true, the defendant is nevertheless not liable. Acceptance of a defense by the court completely exonerates the defendant and not merelymitigates the liability.
The defense phase of atrial occurs after theprosecution phase, that is, after the prosecution "rests". Other parts of the defense include the opening and closing arguments and thecross-examination during the prosecution phase.
Since a defense is raised by the defendant in a direct attempt to avoid what would otherwise result in liability, the defendant typically holds theburden of proof. For example, a defendant who is charged withassault may claimprovocation, but they would need to prove that the plaintiff had provoked the defendant.
Incommon law, a defendant may raise any of the numerous defenses to limit or avoid liability. These include:
In addition to defenses against prosecution and liability, a defendant may also raise a defense ofjustification – such asself-defense and defense of others ordefense of property.
InEnglish law, one could raise the argument of acontramandatum, which was an argument that the plaintiff had no cause for complaint.[4]
The defense in ahomicide case may attempt to present evidence of the victim's character, to try to prove that the victim had a history of violence or of making threats of violence that suggest a violent character.[5][6] The goal of presenting character evidence about the victim may be to make more plausible a claim ofself-defense,[5] or in the hope of accomplishingjury nullification in which a jury acquits a guilty defendant despite its belief that the defendant committed a criminal act.[7]
Litigation is expensive and often may last for months or years. Parties can finance their litigation and pay for their attorneys' fees or other legal costs in a number of ways. A defendant can pay with their own money, through legal defense funds, orlegal financing companies. For example, in the United Kingdom, a defendant's legal fees may be covered bylegal aid.[8]
Chambers, Ephraim, ed. (1728)."Contramandatum".Cyclopædia, or an Universal Dictionary of Arts and Sciences. Vol. 1 (1st ed.). James and John Knapton, et al. p. 318.
Media related toLegal defenses at Wikimedia Commons | Thislegal term article is astub. You can help Wikipedia byexpanding it. |
