You've probably heard of many defenses to criminal prosecution, but do you know exactly what they mean? Here you'll learn about ways defendants can escape conviction, from alibi to entrapment to self-defense.
Here are some common defenses that criminal defendants raise—innocence, alibi, self-defense, intoxication, insanity, and more.
Voluntary intoxication usually isn’t an excuse for criminal conduct.
Memory loss does not affect one's mental state at the time of the crime but it could impact other parts of a criminal case.
Each crime has its own set of elements—components that the prosecution must prove beyond a reasonable doubt in order to establish the defendant’s guilt.
The concepts of self-defense and defense of other are closely related.
Entrapment happens when police officers coerce or induce someone into committing a crime. Proving entrapment can lead to an acquittal.
What are statutes of limitation in a criminal case, and does it mean to "toll the statute of limitations"?
Being drunk or high usually isn’t a defense to criminal charges, but the law differs somewhat where defendants get drunk or high through no fault of their own.
A confession, standing alone, isn't enough for a conviction. Some corroborating evidence is needed, but it doesn't take much.
Even as the first person to use force, it’s possible to act in self-defense.
The law of self-defense allows people to use force, and sometimes deadly force, to defend themselves from an imminent threat of harm.
In criminal law, actions may sometimes be excused if the actor is able to establish a defense called duress.
Occasionally, a person faces a situation that requires doing something illegal in order to prevent serious harm.
There are two kinds of immunity. Learn when a witness can take the Fifth and what type of immunity a prosecutor might offer in exchange for their testimony.
Immunity from prosecution is an important tool for prosecutors. They can offer immunity to witnesses for all types of crimes, even serious ones like kidnapping and murder.
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At Nolo, we prioritize quality and transparency because we know how important reliable legal information is to our readers. Our information is meticulously researched, regularly updated, and written in plain English by our experienced writers and editors. Learn more about our editorial standards.