This article may need to be rewritten entirely to comply with Wikipedia's quality standards. You can help. The discussion page may contain suggestions. (May 2009)

Criminal defenses
Part of the common law series
Insanity · Immunity · Mental disorder Diminished responsibility Intoxication · Infancy Automatism · Alibi Consent · Mistake Duress · Necessity Provocation · Self defense False confession · Entrapment
See also Criminal law and procedure
Other common law areas
Criminal · Contract · Tort Property wills · Trusts and estates Evidence
Portals
Law · Criminal justice
v • d • e

This law-related article does not cite its references or sources. You can help Wikipedia by including appropriate citations, which can be found through legal research.

In civil proceedings and criminal prosecutions under the common law, a defendant may raise a defence (or defense) in an attempt to avoid criminal or civil liability. Besides contesting the accuracy of any allegation made against him or her in a criminal or civil proceeding, a 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.

[edit] Civil law defenses

In common law, a defendant may raise any of the numerous defenses to limit or avoid liability. These include:

• Lack of personal or subject matter jurisdiction of the court, such as diplomatic immunity.
• Failure to state a cause of action or other insufficiencies of pleading.
• Any of the affirmative defenses.
• Defenses conferred by statute - such as a statute of limitations or the statute of frauds.
• Ex turpi causa non oritur actio - the action against the defendant arises from an illegality.
• Volenti non fit injuria - consent by the victim or plaintiff.

[edit] Self-defense

In addition to defenses against prosecution and liability, a defendant may also raise a defense of justification - such as self defense and defense of others or defence of property.

[edit] See also

• Absolute defense (legal)

This legal term article is a stub. You can help Wikipedia by expanding it. v • d • e