different for everything and every state is a bit different but yeah it’s a major issue - compare wantedness of sexual advance
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A lot of novelty defenses which reach the public eye are reported in a way which makes them seem like fully-realized concepts or legal principles in themselves, when for the most part they’re attempts to knock out one of the essential elements of the crime (usually mens rea).
yeah, not letting somebody present a ridiculous defense is a good way to let them eventually get a new trial
