It was also held that a Canadian court cannot decline to exercise its jurisdiction unless the defendant invokes forum non conveniens.
The court cannot decline to exercise its jurisdiction unless the defendant invokes forum non conveniens.
Before a defendant can invoke an insanity defense, he may have to undergo fitness hearings to determine whether he is even fit to stand trial to present such a defense.
In common law jurisdictions, the defendant may invoke the defense of entrapment.
Edwards v. Arizona, 451 U.S 477 (1981), is a decision by the United States Supreme Court holding that once a defendant invokes his Fifth Amendment right to counsel police must cease custodial interrogation.
In English law, the rule of non compos mentis was most commonly used when the defendant invoked religious or magical explanations for behaviour.
The defendants, and the district court, invoked a Texas law that exempted discovery from limitations.
A defendant typically invokes the defense of necessity only against the intentional torts of trespass to chattels, trespass to land, or conversion.
"The defendant clearly invoked his Fifth Amendment right to counsel," the judge wrote in his ruling.
The defendants in the case invoked the 5th amendment and chose not to testify.