Hacker News new | ask | show | jobs
by mcbrit 334 days 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).
1 comments
mcbrit 334 days ago
France 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.

link
aredox 334 days 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.

link