Innovative defenses (the invention of which is sometimes called creative lawyering) are relatively new and untried defenses for having committed a criminal act. Being innovative, there is little or no precedent bearing upon them. Such defenses include:

• the abuse defense
• premenstrual stress syndrome
• the biological defense (the "Twinkie defense")
• "black rage"
• urban survival syndrome.

Parodies of innovative defenses are sometimes seen in entertainment, for example the Chewbacca Defense.