Innovative defense
Innovative defenses (the invention of which is sometimes called creative lawyering) are relatively new and untried defensess 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 actionss 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:
- the abuse defense
- premenstrual stress syndrome
- the biological defense (the "Twinkie defense")
- "black rage"
- urban survival syndrome.
