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.
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| Criminal procedure |
|---|
| Investigating and charging crimes |
| Criminal investigation |
| Arrest warrant · Search warrant |
| Probable cause · Knock and announce |
| Exigent circumstance |
| Search and seizure · Arrest |
| 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 |
| 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:
[edit] See also
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