Shadow defense

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A shadow defense is a legal defense that cannot be sustained on its own merits, but which opens the door to introducing evidence that will assist in seeking jury nullification, and gives the jury an excuse to acquit.[1] An insanity defense might be used to present evidence about a person's troubled childhood, for instance, or a defendant might claim self-defense or duress in order to present evidence about an abusive relationship that, nonetheless, did not present an imminent mortal danger to the defendant. An entrapment defense opens the door to presenting evidence about the behavior of police and informants. It is reversible error for a trial court to refuse a jury instruction on a theory of defense after a defendant makes a threshold showing as to each element of the defense.[2]

References[edit]

  1. ^ Hall Jr., John Wesley (2003), Putting on a Jury Nullification Defense and Getting Away with It 
  2. ^ Conrad, Clay (1998), Using Theories and Themes to Acquit the Guilty 

See also[edit]