Under Model Rule 3.1, a lawyer must have non-frivolous basis in fact and law before bringing or defending a claim or issue. Rule 3.1, however, also states that, in a criminal case, a defendant is not prevented from ______________________.

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Presenting a defense that requires the prosecution to prove every element of the crime. "A lawyer for the defendant in a criminal proceeding, or the respondent in a proceeding that could result in incarceration, may nevertheless so defend the proceeding as to require that every element of the case be established." Model Rule 3.1.