Procedural Defenses

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When defendants offer a procedural defense, they are arguing that either someone in the criminal justice system markedly discriminated against them or that one or more important procedural rules were not followed, thereby denying due process of law, violating a fundamental right. The defendants then seek to be released from any guilt for the acts. Procedural defenses include entrapment, double jeopardy, collateral estoppel, selective prosecution, police fraud, failure to provide a speedy trial and prosecutorial misconduct.


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