 |
This article may need to be rewritten to comply with Wikipedia's quality standards. You can help. The talk page may contain suggestions. (May 2009)
|
 |
This article needs additional citations for verification. Please help improve this articlebyadding citations to reliable sources. Unsourced material may be challenged and removed.
Find sources: "Defense" legal – news · newspapers · books · scholar · JSTOR (September 2018) (Learn how and when to remove this message) |
| Criminal defenses |
|---|
| Part of the common law series |
|
|
|
| Other common law areas |
|
|
| Portals |
|
|
In a civil proceedingorcriminal prosecution under the common law or under statute, a defendant may raise a defense (ordefence)[a] in an effort to avert civil liability 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]
Besides contesting the accuracy of an allegation 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 merely mitigates the liability.
The defense phase of a trial occurs after the prosecution phase, that is, after the prosecution "rests". Other parts of the defense include the opening and closing arguments and the cross-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 the burden of proof. For example, a defendant who is charged with assault may claim provocation, 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 of justification – such as self-defense and defense of othersordefense of property.
InEnglish law, one could raise the argument of a contramandatum, which was an argument that the plaintiff had no cause for complaint.[3]
The defense in a homicide 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.[4][5] The goal of presenting character evidence about the victim may be to make more plausible a claim of self-defense,[4] or in the hope of accomplishing jury nullification in which a jury acquits a guilty defendant despite its belief that the defendant committed a criminal act.[6]
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, or legal financing companies. For example, in the United Kingdom, a defendant's legal fees may be covered by legal aid.[7]
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 to Legal defenses at Wikimedia Commons
 | This legal term article is a stub. You can help Wikipedia by expanding it. |
