Procedural defense

In jurisprudence, procedural defenses are a form of defense, via which a party argues that it should not be held liable for a legal charge or claim brought against it. 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.

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

See also

• Legal technicality