4 ms·
Louisiana is the only jurisdiction which does not adhere to the general rule that a defendant may rely, in a criminal prosecution, upon inconsistent defenses.
by mcbrit 1y ago
Louisiana is the only jurisdiction which does not adhere to the
general rule that a defendant may rely, in a criminal prosecution, upon inconsistent defenses.
(In other words: prove it. I get as many counterexamples as my lawyers can dream .)
Robert T. McGraw, Criminal Law: The Use of Inconsistent Defenses, 26 Marq. L. Rev. 167 (1942).
- deleted 1y ago[deleted]
- mcbrit 1y agoFrance is from the legal past that the US emerged from and it's a criminal prosecution so seems relevant. Offering inconsistent defense has got to be thing in France, particularly during criminal prosecution.
- aredox 1y ago>France is from the legal past that the US emerged from The French legal system has been completely revamped by Napoleon far after the US independence, and has been so successful that countries invaded by Napoleon have retained his system after being freed from him. Meanwhile the us system is still based on a mediaeval system where nothing is ever certain and everything depends on how good a lawyer you can pay.