Innovative defenses (the invention of which is sometimes called
creative lawyering) are relatively new and untried
defenses for having commited a criminal act. Being innovative, there is little or no
precedent bearing upon them. They generally seek to
justify or
excuse the crime, arguing that the
defendant should not be held
criminally liable for
actions which broke the
law, rather than argue that they did not commit the given action.
In USA Today (April 12, 1995), David Rosenhan[?] was quoted, "We're getting to see some very, very interesting [defenses], and obviously some long shots...There are a terrific number of them."
Such defenses include:
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