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Guides · 134 cases

Defense Strategies and How Often They Work

Insanity, self-defense, extreme emotional disturbance and the rest: every defense raised for a defendant on trial in Law & Order and Law & Order: Special Victims Unit, and how those cases end. Across 107 counted cases the defense wins an acquittal or a hung jury in 18 (17%). Battered-spouse or battered-child syndrome does best among defenses tried at least five times.

DefenseCasesConvictedAcquittedHungDefense wins
Insanity35296017%
Extreme emotional disturbance1181227%
Self-defense36322211%
Battered-spouse or battered-child syndrome742143%
Intoxication or diminished capacity321033%
Duress11000%
Entrapment0000–
Jury nullification210150%
Novel defenses1212000%

Convicted counts guilty verdicts and plea deals. Defense wins counts acquittals and hung juries as a share of cases that end in a verdict, a plea or a hung jury; dropped and unresolved cases are listed but not counted.

Insanity 46 cases

The defendant was so mentally ill they could not understand what they did or that it was wrong. It wins an acquittal in 6 of 35 counted cases and hangs the jury in 0.

Extreme emotional disturbance 13 cases

A New York partial defense: a killing under extreme emotional disturbance with a reasonable explanation is manslaughter, not murder. It wins an acquittal in 1 of 11 counted cases and hangs the jury in 2.

Self-defense 45 cases

The defendant used force because they reasonably believed it was needed to protect themselves or someone else. It wins an acquittal in 2 of 36 counted cases and hangs the jury in 2.

Battered-spouse or battered-child syndrome 7 cases

Years of abuse explain why the defendant believed they were in danger when they struck back. It wins an acquittal in 2 of 7 counted cases and hangs the jury in 1.

Intoxication or diminished capacity 3 cases

Drink, drugs or impairment left the defendant unable to form the intent the charge requires. It wins an acquittal in 1 of 3 counted cases and hangs the jury in 0.

Duress 2 cases

Someone forced the defendant to commit the crime under threat of death or serious harm. It wins an acquittal in 0 of 1 counted cases and hangs the jury in 0.

Entrapment 2 cases

Police or their agents pushed the defendant into a crime they would not otherwise have committed.

Jury nullification 2 cases

The defense asks jurors to acquit even if the law was broken, because conviction would be unjust. It wins an acquittal in 0 of 2 counted cases and hangs the jury in 1.

Novel defenses 14 cases

Unusual theories, from “black rage” to genetics, that defense lawyers try when the usual defenses do not fit. It wins an acquittal in 0 of 12 counted cases and hangs the jury in 0.

A defense is listed when the recap shows the defense raising it for the defendant on trial. Short, general explanations, not legal advice. How these summaries are written.