About: Procedural defense

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In jurisprudence, procedural defenses are forms of defense challenging the legitimacy of the legal proceeding. A party argues that it should not be held liable for a legal charge or claim brought against them by some legal process, because it has been found such a process is illegitimate. Procedural defenses are built into legal systems as incentives for systems to follow their own rules. In common law jurisdictions the term has applications in both criminal law and civil law. Procedural defenses do not settle questions of guilt or innocence in a criminal proceeding, and are independent of substantive findings for or against a plaintiff or defendant in a civil proceeding. As examples: Defendants might claim there is something about the method of bringing them to be judged, that is unable t

Attributes	Values
rdfs:label	Procedural defense (en)
rdfs:comment	In jurisprudence, procedural defenses are forms of defense challenging the legitimacy of the legal proceeding. A party argues that it should not be held liable for a legal charge or claim brought against them by some legal process, because it has been found such a process is illegitimate. Procedural defenses are built into legal systems as incentives for systems to follow their own rules. In common law jurisdictions the term has applications in both criminal law and civil law. Procedural defenses do not settle questions of guilt or innocence in a criminal proceeding, and are independent of substantive findings for or against a plaintiff or defendant in a civil proceeding. As examples: Defendants might claim there is something about the method of bringing them to be judged, that is unable t (en)
dcterms:subject	Criminal defenses
Wikipage page ID	216683 (xsd:integer)
Wikipage revision ID	1102391288 (xsd:integer)
Link from a Wikipage to another Wikipage	Entrapment Procedural justice Rhode Island v. Innis United States Defendant Defense (legal) Double jeopardy Due process Prosecutorial misconduct Selective prosecution Criminal law Estoppel Civil law (common law) Collateral estoppel Miranda v. Arizona Confrontation Clause Common law Party (law) Exclusionary rule Legal liability Legal proceeding Legal technicality Criminal defenses Jurisprudence Jury trial Laches (equity) Assistance of Counsel Clause Seventh Amendment to the United States Constitution Substantive law Plaintiff Denial of a speedy trial
sameAs	Procedural defense Procedural defense Procedural defense
dbp:wikiPageUsesTemplate	dbt:Law-term-stub dbt:Short_description dbt:Unreferenced dbt:Use_American_English dbt:Criminal_procedure
has abstract	In jurisprudence, procedural defenses are forms of defense challenging the legitimacy of the legal proceeding. A party argues that it should not be held liable for a legal charge or claim brought against them by some legal process, because it has been found such a process is illegitimate. Procedural defenses are built into legal systems as incentives for systems to follow their own rules. In common law jurisdictions the term has applications in both criminal law and civil law. Procedural defenses do not settle questions of guilt or innocence in a criminal proceeding, and are independent of substantive findings for or against a plaintiff or defendant in a civil proceeding. As examples: Defendants might claim there is something about the method of bringing them to be judged, that is unable to result in justice done to someone in their situation. They might claim the process is incompatible with the goals of the justice system. In the United States, procedural defenses include: * collateral estoppel * denial of a speedy trial * double jeopardy * entrapment * prosecutorial misconduct * selective prosecution * exclusionary rule * facts found by judge rather than jury * denial or neglect of public counsel appointment * no opportunity to impugn witnesses against you * breaches of due process, such as precedent established in Rhode Island v. Innis (1980) or Miranda v. Arizona (1966) * denial of a jury trial in a civil case Traditional procedural defenses in "equity" in the U.S. and other common law jurisdictions: * laches * estoppel (en)
gold:hypernym	Form
prov:wasDerivedFrom	wikipedia-en:Procedural_defense?oldid=1102391288&ns=0
page length (characters) of wiki page	2246 (xsd:nonNegativeInteger)
foaf:isPrimaryTopicOf	wikipedia-en:Procedural_defense
is Link from a Wikipage to another Wikipage of	Index of law articles Presidency of Joseph Estrada Selective prosecution Civil penalty John DeLorean Philippines–United States Visiting Forces Agreement Outline of criminal justice Procedural defence
is Wikipage redirect of	Procedural defence
is foaf:primaryTopic of	wikipedia-en:Procedural_defense

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