# Procedural defense

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{{Short description|Legal defense based on challenging the legitimacy of the legal proceeding}}
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{{Use American English|date=November 2020}}

In [jurisprudence](/source/jurisprudence), '''procedural defenses''' are forms of [defense](/source/defense_(legal)) challenging the legitimacy of the [legal proceeding](/source/legal_proceeding). A [party](/source/party_(law)) argues that it should not be held [liable](/source/Legal_liability) for a legal charge or claim brought against them by some legal process, because it has been found such a process is illegitimate.<ref>{{Cite web |last=Esfandi |first=Seppi |date=1 July 2022 |title=What is a 'Procedural Defense' in Criminal Law? |url=https://esfandilawfirm.com/procedural-defense-criminal-law/ |access-date=6 February 2024 |website=Esfandi Law Group}}</ref> Procedural defenses are built into legal systems as incentives for systems to follow their own rules. In [common law](/source/common_law) jurisdictions, the term has applications in both [criminal law](/source/criminal_law) and [civil law](/source/Civil_law_(common_law)). Procedural defenses do not settle questions of guilt or innocence in a criminal proceeding, and are independent of [substantive](/source/substantive_law) findings for or against a [plaintiff](/source/plaintiff) or [defendant](/source/defendant) in a civil proceeding.<ref>{{Cite web |last=Cohen |first=Mark I. |date=15 December 2023 |title=Distinction Between Negative, Affirmative, and Procedural Defenses |url=https://www.markicohenattorneynyc.com/distinction-between-negative-affirmative-and-procedural-defenses/ |access-date=6 February 2024 |website=Mark I. Cohen, Esq. New York City Criminal Defense Attorney}}</ref> As an example, defendants might claim there is something about the method of bringing them to be judged that is unable to result in justice done to someone in their situation. They might claim the process is incompatible with the goals of the justice system. 

In the [United States](/source/United_States), procedural defenses include: 
* [collateral estoppel](/source/collateral_estoppel)
* [denial of a speedy trial](/source/denial_of_a_speedy_trial)
* [double jeopardy](/source/double_jeopardy)
* [entrapment](/source/entrapment)<ref>{{Cite web |last=McLean |first=Kate |last2=Sanchez |first2=Shanell |date=6 February 2024 |title=3.8: Substantive Law: Defenses |url=https://psu.pb.unizin.org/criminaljusticemclean/chapter/3-8-substantive-law-defenses/#:~:text=Procedural%20defenses%20include%3A%20double%20jeopardy,trial)%2C%20entrapment%20(a%20defense |access-date=6 February 2024 |website=Penn State Introduction to the U.S. Criminal Justice System}}</ref>
* [prosecutorial misconduct](/source/prosecutorial_misconduct)
* [selective prosecution](/source/selective_prosecution)
* [exclusionary rule](/source/exclusionary_rule)
* [facts found by judge rather than jury](/source/jury_trial)
* [denial or neglect of public counsel appointment](/source/Assistance_of_Counsel_Clause)
* [no opportunity to impugn witnesses against you](/source/Confrontation_Clause)
* breaches of [due process](/source/due_process), such as precedent established in ''[Rhode Island v. Innis](/source/Rhode_Island_v._Innis)'' (1980) or ''[Miranda v. Arizona](/source/Miranda_v._Arizona)'' (1966)
* [denial of a jury trial in a civil case](/source/Seventh_Amendment_to_the_United_States_Constitution)
Traditional procedural defenses in "equity" in the U.S. and other [common law](/source/common_law) jurisdictions:
* [laches](/source/Laches_(equity))
* [estoppel](/source/estoppel)

==See also==
* [legal technicality](/source/legal_technicality)
* [procedural justice](/source/procedural_justice)

==References==
{{reflist}}

{{Criminal procedure}}
{{DEFAULTSORT:Procedural Defense}}
Category:Criminal defenses

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Adapted from the Wikipedia article [Procedural defense](https://en.wikipedia.org/wiki/Procedural_defense) by Wikipedia contributors ([contributor history](https://en.wikipedia.org/wiki/Procedural_defense?action=history)). Available under [Creative Commons Attribution-ShareAlike 4.0 International](https://creativecommons.org/licenses/by-sa/4.0/). Changes may have been made.