this post was submitted on 30 Aug 2023
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You say that like it's explicitly allowed by the state. It isn't. It's a legal defense lawyers use in court. Whether or not it's legitimate is determined by a jury.
It is. Keeping it a valid legal defense is a policy choice. Some states banned it, they chose to. Other states have not, they decided not to. That's politics.
But it's not a valid legal defense. You cannot ban a lawyer from putting it forward as a legal defense.
Except you actually can, and many states have
Show me, please