The term legal technicality refers to the technical niceties and exactitudes of legal procedure, which is divided into criminal procedure and civil procedure. The term technicality is actually not a term of art in the law and is rarely used by lawyers, unless they are trying to explain legal procedure to lay clients.
defenses based on technicalities are known as "procedural defenses." It is often used in a pejorative sense to denote aspects of legal procedure which, if not attended to or followed, can change the outcome of a legal proceeding in ways seemingly contrary to the interests of justice.
Some legal technicalities restrict access to courts and legal procedures or limit the discretion of a court in handing down judgment. In almost every case, well-established technical aspects of legal procedure have been developed and reinforced in a long tradition of appellate court decisions; usually such doctrines arise because of a perceived need to protect the rights of a specific class of persons who might otherwise suffer injustice at the hands of the legal system.
United States
In the United States, Constitutional guarantees such as those included in the Fourth and Fifth amendments to protect an accused from unreasonable search and seizure or from self-incrimination are sometimes referred to as "technicalities" by critics of court decisions based on them, even though they are foundations of the American legal system rather than obscure fine points. A commonly cited example would be attempted prosecution of a crime that was discovered by illegally obtained evidence. Such cases may be dismissed based on lack of evidence as the illegally obtained evidence would not be allowed to be the basis of the prosecution's case.
Some examples of technical aspects of legal procedure are:
Last updated: 08-12-2005 21:54:14
