What are the common defenses used in student defense cases?

In Massachusetts, common defenses used in student defense cases vary, depending on the circumstances of the case and the evidence that is available to the defense. Generally speaking, many common defenses will include a lack of evidence to support the charges, claims of innocence or lack of knowledge, and other defenses that challenge the prosecution’s evidence. For example, a student might allege that he or she was not aware of the rule or policy the student is accused of breaking. The student may use this defense in order to prove that he or she did not intentionally violate the rule or policy. A student may also argue results of an illegal search and seizure, meaning that the student believes the police acted improperly when conducting the search or seizure. This defense would require the student to prove that the search or seizure was conducted without a proper warrant or basis, thus making the evidence obtained during the search or seizure inadmissible in court. In cases where the student is accused of misconduct, such as bullying or harassment, he or she may claim that the act was an accident. This defense would require the student to prove that the act was unintentional and not premeditated. Additionally, if the student is a minor, he or she may be able to use the defense of infancy. This defense would require the student to prove that he or she did not have the maturity or understanding to appreciate the consequences of the act. Ultimately, the defenses used in students defense cases depend on the individual case and the evidence available to the defense.

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