Procedural defense

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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.

Image:Scale of justice 2.svg
Criminal procedure
Investigating and charging crimes
Criminal investigation
Arrest warrant · Search warrant Probable cause · Knock-and-announce Exigent circumstance Reasonable suspicion Search and seizure · Search of persons Arrest  · Detention Right to silence · Miranda warning (U.S.) Grand jury
Criminal prosecution
Statute of limitations · Nolle prosequi Bill of attainder · Ex post facto law Criminal jurisdiction · Extradition Habeas corpus · Bail Inquisitorial system · Adversarial system
Charges and pleas
Arraignment · Indictment Plea · Peremptory plea Nolo contendere (U.S.) · Plea bargain Presentence Investigation
Related areas of law
Criminal defenses Criminal law · Evidence Civil procedure
Portals
Law · Criminal justice

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

[edit] See also

• legal technicality