Innovative defense

Innovative defenses (the invention of which is sometimes called creative lawyering) are relatively new and untried defenses for having committed a criminal act. Being innovative, there is little or no precedent bearing upon them. Such defenses include:

  • the abuse defense
    • battered woman defence
  • premenstrual stress syndrome
  • a biological defense (a claim that some biological factor present in the defendant provides a defense against the accused crimes) such as the "Twinkie Defense")
  • "black rage"
  • urban survival syndrome.

Parodies of innovative defenses are sometimes seen in entertainment, for example the Chewbacca defense.


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