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Encyclopedia > Double jeopardy
Criminal procedure
Criminal trials and convictions
Rights of the accused
Right to a fair trial  · Speedy trial
Jury trial  · Presumption of innocence
Exclusionary rule (U.S.)
Self-incrimination  · Double jeopardy
Verdict
Acquittal  · Conviction
Not proven (Scot.)  · Directed verdict
Sentencing
Mandatory  · Suspended  · Custodial
Dangerous offender (Can.)
Capital punishment  · Execution warrant
Cruel and unusual punishment
Post-conviction events
Parole  · Probation
Tariff (UK)  · Life licence (UK)
Miscarriage of justice
Exoneration  · Pardon
Related areas of law
Criminal defenses
Criminal law  · Evidence
Civil procedure
Portals: Law  · Criminal justice

Double jeopardy is a procedural defense (and, in many countries such as the United States, Canada, Mexico, Japan and India, a constitutional right) which forbids that a defendant be tried twice for the same crime. At common law a defendant may plead autrefois acquit or autrefois convict (a peremptory plea); meaning the defendant has already been acquitted or convicted of the same offense. If this issue is raised, evidence will be placed before the court, which will normally rule as a preliminary matter whether the plea is substantiated, and if it so finds, the projected trial will be prevented from proceeding. Image File history File links Gnome-globe. ... Double jeopardy is a type of procedural defence in legal terminology. ... Image File history File links This is a lossless scalable vector image. ... Criminal procedure refers to the legal process for adjudicating claims that someone has violated the criminal law. ... Headline text The rights of the accused is a class of rights in that apply to a person in the time period between when they are formally accused of a crime and when they are either convicted or acquitted. ... The Right to a fair trial is an essential right in all countries respecting the rule of law. ... This article or section does not cite its references or sources. ... It has been suggested that this article or section be merged with Jury. ... Presumption of innocence is a legal right that the accused in criminal trials has in many modern nations. ... In United States constitutional law, the exclusionary rule is a legal principle holding that evidence collected or analyzed in violation of the U.S. Constitution is inadmissible for a criminal prosecution in a court of law (that is, it cannot be used in a criminal trial). ... Self-incrimination is the act of accusing oneself of a crime for which a person can then be prosecuted. ... In law, a verdict indicates the judgment of a case before a court of law. ... In criminal law, an acquittal is the legal result of a verdict of not guilty, or some similar end of the proceeding that terminates it with prejudice without a verdict of guilty being entered against the accused. ... Not proven is a verdict available to a court in Scotland. ... In U.S. law, a directed verdict is an order from the judge presiding over a jury trial that one side or the other wins. ... In law, a sentence forms the final act of a judge-ruled process, and also the symbolic principal act connected to his function. ... A mandatory sentence is a judicial decision setting the punishment to be inflicted on a person convicted of a crime where judicial discretion is limited by law. ... A suspended sentence is a legal construct. ... A custodial sentence is a judicial sentence, imposing a punishment (and hence the resulting punishment itself) consisting of mandatory custody of the convict, either in prison (incarceration) or in some other closed therapeutic and/or (re)educational institution, such as a reformatory, (maximum security) psychiatry or drug detoxication (especially cold... In the Canadian legal system, the dangerous offender designation allows the courts to impose an indefinite sentence on a convicted person, regardless of whether the crime carries a life sentence or not. ... Capital punishment, or the death penalty, is the execution of a convicted criminal by the state as punishment for crimes known as capital crimes or capital offences. ... An execution warrant is a warrant which authorizes the execution or capital punishment of an individual. ... “Cruel And Unusual” redirects here. ... It has been suggested that Medical parole be merged into this article or section. ... This article does not cite any references or sources. ... Under British criminal law, a tariff is the minimum period that a person serving an indefinite prison sentence must serve before that person becomes eligible for parole. ... Life licence is a term used in the British criminal justice system for the conditions under which a prisoner sentenced to life in jail may be released. ... A miscarriage of justice is primarily the conviction and punishment of a person for a crime that he or she did not commit. ... Exoneration occurs when a perason waho hars beoen convaicted osf ah crieme irs laeter proved to have been innocent of that crime. ... For the Breton religious festivals, see Pardon (ceremony). ... The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different jurisdictions whose common characteristic is the potential for unique and often severe impositions as punishment for failure to comply. ... The law of evidence governs the use of testimony (e. ... Civil procedure is the body of law that sets out the process that courts will follow when hearing cases of a civil nature (a civil action, as opposed to a criminal action). ... In jurisprudence, procedural defenses are a form of defense, via which a defendant may argue that they should not be held criminally liable for breaking the law, as the criminal justice program violated procedural law as it was creating its case, and trial, against said defendant. ... A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute. ... In legal parlance, a trial is an event in which parties to a dispute present information (in the form of evidence) in a formal setting, usually a court, before a judge, jury, or other designated finder of fact, in order to achieve a resolution to their dispute. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... In the common law legal system, the peremptory pleas (pleas in bar), are pleas that set out special reasons for which a trial cannot go ahead. ...

Contents

Australia

In all states, the Jurisdiction's Prosecutors can appeal against the sentence handed down by the trial judge and, in South Australia and Tasmania, the prosecution can appeal against an error of law made by the trial judge in certain situations. However, the acquittal will still stand valid and the purpose of the appeal is merely to clarify the relevant law for future cases. Capital Adelaide Government Constitutional monarchy Governor Marjorie Jackson-Nelson Premier Mike Rann (ALP) Federal representation  - House seats 11  - Senate seats 12 Gross State Product (2004-05)  - Product ($m)  $59,819 (5th)  - Product per capita  $38,838/person (7th) Population (End of September 2006)  - Population  1,558,200 (5th)  - Density  1. ... Slogan or Nickname: Island of Inspiration; The Apple Isle; Holiday Isle Motto(s): Ubertas et Fidelitas (Fertility and Faithfulness) Other Australian states and territories Capital Hobart Government Constitutional monarchy Governor William Cox Premier Paul Lennon (ALP) Federal representation  - House seats 5  - Senate seats 12 Gross State Product (2004-05)  - Product...


In contrast to other common law jurisdictions, Australian double jeopardy law has been held to extend to the prevention of prosecution for perjury following a previous acquittal where a finding of perjury would controvert the previous acquittal. This was confirmed in the case of The Queen v Carroll, where the police found new evidence convincingly disproving Caroll's sworn alibi two decades after he had been acquitted of murder charges in the death of Ipswich child Deidre Kennedy, and successfully prosecuted him for perjury. Public outcry following the overturning of his conviction (for perjury) by the High Court has led to widespread calls for reform of the law along the lines of the UK legislation. Perjury is the act of lying or making verifiably false statements on a material matter under oath or affirmation in a court of law or in any of various sworn statements in writing. ... The Queen v Carroll 2002 HCA 55 is a decision of the High Court of Australia which unanimously upheld a Queensland appellate court’s decision [1] to stay an indictment for perjury as the indictment was found to controvert the respondent’s earlier acquittal for murder. ... For alibi used in the sense of a legal defense, see the Wiktionary entry Alibi. ... The tone or style of this article or section may not be appropriate for Wikipedia. ... High Court entrance The High Court of Australia is the final court of appeal in Australia, the highest court in the Australian court hierarchy. ...


In December 2006, New South Wales Premier Morris Iemma scrapped substantial parts of the double jeopardy law in that state. Retrials of serious cases with a minimum sentence of twenty years or more are now possible, even when the original trial preceded the 2006 reform.[1] “NSW” redirects here. ... Morris Iemma (pronounced Yemma), born 21 July 1961, is an Australian politician and the Premier of New South Wales. ...


South Australia currently is also in the process of reforming its laws which will see the principle of double jeopardy abolished for serious indictable offences.


On 18 October 2007, Queensland modified its double jeopardy laws to allow a retrial where fresh and compelling evidence becomes available after an acquittal for murder or a crime carrying a 25-year or more sentence. Unlike reforms in the United Kingdom and New South Wales, this law does not have a retrospective effect, making its introduction less than fully appreciated by those who, over the years, have been advocating reform. is the 291st day of the year (292nd in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ...


Canada

The Canadian Charter of Rights and Freedoms includes provisions such as section 11(h) prohibiting double jeopardy. But often this prohibition applies only after the trial is finally concluded, in contrast to the laws of the United States, Canadian law allows the prosecution to appeal from an acquittal. If the acquittal is thrown out, the new trial is not considered to be double jeopardy because the first trial and its judgment would have been annulled. In rare circumstances, a court of appeal might also substitute a conviction for an acquittal. This is not considered to be double jeopardy either - in this case the appeal and subsequent conviction are deemed to be a continuation of the original trial. The Charter, signed by Prime Minister Pierre Trudeau in 1981. ... crap ... Wikipedia does not yet have an article with this exact name. ...


Europe

All members of the Council of Europe (which includes nearly all European countries, and almost every member of the European Union) have signed the European Convention of Human Rights, which protects against double jeopardy. The Seventh Protocol, Article Four, says: Anthem Ode to Joy (orchestral)  ten founding members joined subsequently observer at the Parliamentary Assembly observer at the Committee of Ministers  official candidate Seat Strasbourg, France Membership 47 European states 5 observers (Council) 3 observers (Assembly) Leaders  -  Secretary General Terry Davis  -  President of the Parliamentary Assembly Rene van der Linden... The European Convention on Human Rights (1950) was adopted under the auspices of the Council of Europe† to protect human rights and fundamental freedoms. ...

No one shall be liable to be tried or punished again in criminal proceedings under the jurisdiction of the same State for an offence for which he has already been finally acquitted or convicted in accordance with the law and penal procedure of that State. In law, an offense is a violation of the penal law. ...

This specific optional protocol has been ratified by all EU states except five (namely Belgium, Germany, The Netherlands, Spain and the United Kingdom). [2] Those members states may still have the provision in their respective constitutions providing a prohibition against double jeopardy. Motto: Je Maintiendrai (Dutch: Ik zal handhaven, English: I Shall Uphold) Anthem: Wilhelmus van Nassouwe Capital Amsterdam1 Largest city Amsterdam Official language(s) Dutch2 Government Parliamentary democracy Constitutional monarchy  - Queen Beatrix  - Prime minister Jan Peter Balkenende Independence Eighty Years War   - Declared July 26, 1581   - Recognised January 30, 1648 (by Spain...


In many European countries the prosecution may appeal an acquittal to a higher court (similar to the provisions of Canadian law) - this is not counted as double jeopardy but as a continuation of the same trial. This is allowed by the European Convention of Human Rights - note the word finally in the above quote.


France

Once all appeals have been exhausted on a case, the judgment is final and the action of the prosecution is closed (code of penal procedure, art. 6), except if the final ruling was forged. Prosecution for an already judged crime is impossible even though new incriminating evidence has been found. However, a person who has been convicted may request another trial on grounds of new exculpating evidence. Forgery is the process of making or adapting objects or documents (see false document), with the intention to deceive. ...


England and Wales

The doctrines of autrefois acquit and autrefois convict persisted as part of the common law from the time of the Norman conquest; they were regarded as essential elements of protection of the liberty of the subject and respect for due process of law in that there should be finality of proceedings. There were only three exceptions, all relatively recent, to the rules- This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Bayeux Tapestry depicting events leading to the Battle of Hastings The Norman Conquest of England was the conquest of the Kingdom of England by William the Conqueror (Duke of Normandy), in 1066 at the Battle of Hastings and the subsequent Norman control of England. ... In United States law, adopted from English Law, due process (more fully due process of law) is the principle that the government must normally respect all of a persons legal rights instead of just some or most of those legal rights when the government deprives a person of life...

  • The prosecution has a right of appeal against acquittal in summary cases if the decision appears to be wrong in law or in excess of jurisdiction[1]
  • A retrial is permissible if the interests of justice so require, following appeal against conviction by a defendant[2]
  • A "tainted acquittal", where there has been an offence of interference with, or intimidation of, a juror or witness, can be challenged in the High Court[3]

The rule in Connelly v DPP ([1964] AC 1254) also limits the operation of the autrefois doctrine; it was said there that where the facts relied upon in a prosecution are substantially the same as those in a previous trial, the defendant cannot be tried on a subsequent occasion for any offence arising out of those facts unless there are "special circumstances" proven by the prosecution (such as, for example, the "tainted trial" situation)[3]. There is little case law on the meaning of "special circumstances", but it has been suggested that the emergence of new evidence would suffice[4]. Additionally, a defendant who has been convicted of an offence can be tried for an aggravated form of that offence if the facts constituting the aggravation have arisen after the first conviction[5]. By contrast, a person who has been acquitted of a lesser offence may not be tried for an aggravated form even if the new evidence becomes available.[6]


The prohibition of a second trial after an acquittal was clarified by the Criminal Justice Act 2003. Following the murder of Stephen Lawrence, the MacPherson Report suggested that double jeopardy should be abrogated where "fresh and viable" new evidence came to light, and the Law Commission recommended in 2001 that it should be possible to subject an acquitted murder suspect to a second trial. The Parliament of the United Kingdom implemented these recommendations by passing the Criminal Justice Act 2003 [3], introduced by then Home Secretary David Blunkett. Under the 2003 Act, retrials are now allowed if there is "new" and "compelling" evidence for crimes, including murder, but also manslaughter, kidnapping, rape, armed robbery, and serious drug crimes. All cases must be approved by the Director of Public Prosecutions, and the Court Of Appeal must agree to quash the original acquittal.[4] The Criminal Justice Act 2003 (2003, c. ... This article does not cite any references or sources. ... Stephen Lawrence (September 14, 1974 - April 22, 1993) was a black British teenager living in London, UK, who was murdered in April 1993 at the age of 18. ... The Law Commission is an independent body set up by Parliament in 1965 to keep the law of England and Wales under review and recommend necessary reforms. ... Type Bicameral Houses House of Commons House of Lords Speaker of the House of Commons Michael Martin MP Lord Speaker Hélène Hayman, PC Members 1377 (646 Commons, 731 Peers) Political groups Labour Party Conservative Party Liberal Democrats Scottish National Party Plaid Cymru Democratic Unionist Party Sinn Féin... The Criminal Justice Act 2003 (2003, c. ... The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the United Kingdom Home Office and is responsible for internal affairs in England and Wales, and for immigration and citizenship for the whole United Kingdom (including Scotland and Northern Ireland). ... David Blunkett (born 6 June 1947) is a British Labour Party politician and has been Member of Parliament for Sheffield Brightside since 1987. ... Robbery is the crime of seizing property through violence or intimidation. ... These lollipops were found to contain heroin when inspected by the US DEA The drug trade is a worldwide black market consisting of production, distribution, packaging and sale of illegal psychoactive substances. ... The Director of Public Prosecutions is the officer charged with the prosecution of criminal offences in several criminal jurisdictions around the world. ... Her Majestys Court of Appeal is the second most senior court in the English legal system, with only the Judicial Committee of the House of Lords above it. ...


The double jeopardy provisions of the 2003 Act came into force in April 2005.[5] On 11 September 2006, William Dunlop became the first person to be convicted of murder after previously being acquitted. Twice he was tried for the murder of Julie Hogg in Billingham in 1989, but two juries failed to reach a verdict and he was formally acquitted in 1991. Some years later, he confessed to the crime, and was convicted of perjury. The case was re-investigated in early 2005, when the new law came into effect, and his case was referred to the Court of Appeal in November 2005 for permission for a new trial.[6] [7] [8] is the 254th day of the year (255th in leap years) in the Gregorian calendar. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... For people named Billingham, see Billingham (surname). ...


William Dunlop was re-tried and lodged a guilty plea for the murder of Julie Hogg and sentenced to life imprisonment, with a recommendation he serve no less than 17 years.[9]


India

In India, protection against double jeopardy is a Fundamental Right guaranteed under Article 20 of the Constitution of India. Accordingly no person can be prosecuted and punished for the same offence more than once. Right to Freedom in the Constitution of India. The provision enshrines the principle that a person cannot be tried twice for the same offense by any equally competent court. Thus a person cannot be tried for an offense for which he has been tried and acquitted or convicted. This article needs to be cleaned up to conform to a higher standard of quality. ... The Preamble of the Constitution of India — Indias fundamental and supreme law The Fundamental Rights, Directive Principles of State Policy and Fundamental Duties are sections of the Constitution of India that prescribe the fundamental obligations of the State to its citizens and the duties of the citizens to the... The Constitution of India lays down the framework on which Indian polity is run. ...


Japan

In Japan, protection against double jeopardy is clearly one of the fundamental rights of Japanese people, since the Japanese Constitution has prohibited it since November 3, 1946: The present Constitution of Japan took effect on May 3, 1947, during the American occupation after the surrender of Japan at the end of World War II. The Constitution of the Empire of Japan (1889–1947) The first constitution in Japan was enacted by the Emperor during the Meiji...

  • Article 39
    • No person shall be held criminally liable for an act which was lawful at the time it was committed, or of which he has been acquitted, nor shall he be placed in double jeopardy.

This also reflects the fundamental principle of Japanese people to give suspects the benefit of doubt and strictly respect only evidence which clearly shows a defendants guilt. The principle of "No double jeopardy" has been adopted among Japanese people since ancient times under the influence of Buddhism and Bushi-dō, because Japanese people take time to gather evidence and because ordinary Japanese people know and practice the Japanese proverbs such as "One who is kind to others is sure to be rewarded" ( "情けは人のためならず", "Nasake wa Hito no Tame nara-zu" ), "As you sow, so shall you reap" ( "因果応報", "Inga-Ōhō" ), "The proof of the pudding is in the eating" or "Seeing is different than being told" ( "論より証拠", "Ron yori Shouko." The accurate meaning of this Japanese proverb "論より証拠" is "You should fairly believe only clear evidences, whatever anyone insists." ). Languages Japanese Religions Shinto, Buddhism, large secular groups      The Japanese people ) is the ethnic group that identifies as Japanese by culture or ancestry, or both. ... A statue of the Sakyamuni Buddha in Tawang Gompa, India. ... Japanese samurai in armour, 1860s. ... Languages Japanese Religions Shinto, Buddhism, large secular groups      The Japanese people ) is the ethnic group that identifies as Japanese by culture or ancestry, or both. ...


United States

The double jeopardy rule arises from the Fifth Amendment to the United States Constitution, the relevant clause of which reads This article does not cite any references or sources. ...

"nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb".

This clause is intended to limit abuse by the government in repeated prosecution for the same offense as a means of harassment or oppression. It is also in harmony with the common law concept of res judicata which prevents courts from relitigating issues which have already been the subject of a final judgment. Criminal law (also known as penal law) is the body of law that regulates governmental sanctions (such as imprisonment and/or fines) as retaliation for crimes against the social order. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Res judicata (Latin for a matter [already] judged) is, in both civil law and common law legal systems, a case in which there has been a final judgment and is no longer subject to appeal. ...


There are three essential protections included in the double jeopardy principle, which are

  • being retried for the same crime after an acquittal
  • retrial after a conviction, and
  • being punished multiple times for the same offense.

This rule is occasionally referred to as a legal technicality because it allows defendants a defense that does not address whether the crime was actually committed. For example were police to uncover new evidence conclusively proving the guilt of someone previously acquitted there is little they can do because the defendant may not be tried again - at least not on the same or substantially similar charge. Fong Foo v. United States, 369 US 141 (1962) The term legal technicality refers to the technical niceties and exactitudes of legal procedure, which is divided into criminal procedure and civil procedure. ... A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute. ... Fong Foo v. ... // The United States Reports, the official reporter of the Supreme Court of the United States Case citation is the system used in common law countries such as the United States, England and Wales, Ireland, Canada, New Zealand, Hong Kong, Australia and India to uniquely identify the location of past court...


Though the Fifth Amendment initially applied only to the federal government the US Supreme Court has ruled that the double jeopardy clause applies to the states as well through incorporation by the Fourteenth amendment. (Benton v. Maryland) Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  US Government Portal      The Supreme Court of the United States (sometimes colloquially referred to by the... A U.S. state is any one of the 50 states which have membership of the federation known as the United States of America (USA or U.S.). The separate state governments and the U.S. federal government share sovereignty. ... In United States law, adopted from English Law, due process (more fully due process of law) is the principle that the government must normally respect all of a persons legal rights instead of just some or most of those legal rights when the government deprives a person of life... Amendment XIV in the National Archives The Fourteenth Amendment to the United States Constitution (Amendment XIV) is one of the post-Civil War amendments (known as the Reconstruction Amendments), first intended to secure rights for former slaves. ... Benton v. ...


Jeopardy attaches in a jury trial once the jury and alternates are impaneled and sworn in. In a non-jury trial jeopardy attaches once the first evidence is put on which occurs when the first witness is sworn. It has been suggested that this article or section be merged with Jury. ... In a non-jury trial the verdict is given by one or more professional judges rather than a jury of the defendants peers. In the English common law, a jury is only used in criminal law, while civil law is subject to the bench. ... This article is about witnesses in law courts. ...


Exceptions

As double jeopardy applies only to charges that were the subject of an earlier final judgment there are many situations in which it does not apply despite the appearance of a retrial. For example a second trial held after a mistrial does not violate the double jeopardy clause because a mistrial ends a trial prematurely without a judgment of guilty or not guilty. Cases dismissed because of insufficient evidence may constitute a final judgment for these purposes though many state and federal laws allow for limited prosecutorial appeals from these orders. Also a retrial after a conviction has been reversed on appeal does not violate double jeopardy because the judgment in the first trial has been invalidated. In both of these cases however the previous trials do not entirely vanish. Testimony from them may be used in later retrials such as to impeach contradictory testimony given at any subsequent proceeding. Mistrial. ... Involuntary dismissal is the termination of a court case despite the plaintiffs objection. ...


There are two exceptions to the general rule that the prosecution cannot appeal from an acquittal. If the earlier trial is proven to be a fraud or scam double jeopardy will not prohibit a new trial. In Harry Aleman v. Judges of the Criminal Division, Circuit Court of Cook County, Illinois, et al., 138 F.3d 302 (1998), an appeals court ruled that a man who bribed his trial judge and was acquitted of murder was allowed to be tried again because his bribe prevented his first trial from actually putting him in jeopardy. // The United States Reports, the official reporter of the Supreme Court of the United States Case citation is the system used in common law countries such as the United States, England and Wales, Ireland, Canada, New Zealand, Hong Kong, Australia and India to uniquely identify the location of past court... Year 1998 (MCMXCVIII) was a common year starting on Thursday (link will display full 1998 Gregorian calendar). ... Bribery is a crime implying a sum or gift given alters the behaviour of the person in ways not consistent with the duties of that person. ...


The other exception is prosecutors may appeal when a trial judge sets aside a jury verdict for conviction with a judgment notwithstanding the verdict for the defendant. A successful appeal by the prosecution would simply reinstate the jury verdict and so would not place the defendant at risk of another trial. Judgment notwithstanding the verdict, or J.N.O.V. for short (Latin Judgment Non Obstante Veredicto) is the practice in American courts whereby the presiding judge in a criminal or civil case may overrule the decision of a jury and reverse or amend their verdict. ...


The Supreme Court has also upheld laws allowing the government to appeal criminal sentences in limited circumstances (such as 18 U.S.C. § 3742(b)). The Court ruled that sentences were not accorded the same constitutional finality as jury verdicts under the double jeopardy clause, and giving this right of appeal also did not put the defendant at risk of a succession of prosecutions. Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  US Government Portal      The Supreme Court of the United States (sometimes colloquially referred to by the... Title 18 of the US Code deals with Crimes and Criminal Proceedings in five parts: Part I - Crimes Part II - Criminal Procedure Part III - Prisons and Prisoners Part IV - Correction of Youthful Offenders Part V - Immunity of Witnesses Title 18, specifically Part 1 > Chapter 113B > § 2331 and § 2332a(a)), is...


Double jeopardy is also not implicated for separate offenses or in separate jurisdictions arising from the same act. For example, in United States v. Felix (1992), the Supreme Court ruled: 'a[n]...offense and a conspiracy to commit that offense are not the same offense for double jeopardy purposes.' Year 1992 (MCMXCII) was a leap year starting on Wednesday (link will display full 1992 Gregorian calendar). ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  US Government Portal      The Supreme Court of the United States (sometimes colloquially referred to by the... This article does not cite any references or sources. ... In the criminal law conspiracy is an agreement between two or more people to break the law at some time in the future. ...


As another example, a state might try a defendant for murder, after which the federal government might try the same defendant for a federal crime (perhaps a civil rights violation or kidnapping) related to the same act. For example, the Los Angeles Police Department officers charged with assaulting Rodney King in 1991 were acquitted by a county court, but some were later convicted and sentenced in federal court for violating his civil rights. Similar techniques were used for prosecuting racially-motivated crimes in the Southern United States in the 1960s during the time of the Civil Rights Movement, when those crimes had not been actively prosecuted, or had resulted in acquittals by juries thought to be racist or sympathetic to the accused in local courts. Civil rights or positive rights are those legal rights retained by citizens and protected by the government. ... LAPD and L.A.P.D. redirect here. ... Rodney King Rodney Glen King (born April 9, 1965 in Fort Worth, Texas) is an African-American taxicab driver who was beaten by Los Angeles Police Department officers (Laurence Powell, Timothy Wind, Theodore Briseno and Sargent Stacey Koon) after being chased for speeding. ... Year 1991 (MCMXCI) was a common year starting on Tuesday (link will display the 1991 Gregorian calendar). ... A county is generally a sub-unit of regional self-government within a sovereign jurisdiction. ... Historic Southern United States. ... The 1960s decade refers to the years from 1960 to 1969. ... Historically, various popular movements struggling for social justice and democratic rights since the Second World War were known as civil rights movement, most famously the American civil rights movement of the 1950s and 1960s, which struggled for equal rights for African-Americans. ...


The 'separate sovereigns' exception to double jeopardy arises from the unique nature of the American federal system, in which states are considered to be sovereigns with plenary power that have relinquished a number of enumerated powers to the federal government. Double jeopardy attaches only to prosecutions for the same criminal act by the same sovereign, but as separate sovereigns, both the federal and state governments can bring separate prosecutions for the same act. For example, Timothy McVeigh was executed by the federal government for murdering eight federal employees with a bomb, but could also have been tried in state court for murdering numerous other persons in the same explosion. For the Navy sailor, see Timothy R. McVeigh. ... Employment is a contract between two parties, one being the employer and the other being the employee. ... For other uses, see Bomb (disambiguation). ...


Double jeopardy also does not attach if the later charge is civil rather than criminal in nature, which involves a different legal standard. Acquittal in a criminal case does not prevent the defendant from being the defendant in a civil suit relating to the same incident (though res judicata operates within the civil court system). For example, O.J. Simpson was acquitted of a double homicide in a California criminal prosecution, but lost a civil wrongful death claim brought over the same victims. Res judicata (Latin for a matter [already] judged) is, in both civil law and common law legal systems, a case in which there has been a final judgment and is no longer subject to appeal. ... In the common law, civil law refers to the area of law governing relations between private individuals. ... Orenthal James Simpson (born July 9, 1947), commonly known as O. J. Simpson and also just by his initials O.J. and his nickname The Juice, is a retired American football player who achieved stardom at the collegiate and professional levels. ... Official language(s) English Capital Sacramento Largest city Los Angeles Largest metro area Greater Los Angeles Area  Ranked 3rd  - Total 158,302 sq mi (410,000 km²)  - Width 250 miles (400 km)  - Length 770 miles (1,240 km)  - % water 4. ... Wrongful death is a claim in common law jurisdictions against a person who can be held liable for a death. ...


If the defendant happened to be on parole from an earlier offense at the time, the act for which he was acquitted may also be the subject of a parole violation hearing, which is not considered a criminal trial. Since parolees are usually subject to restrictions not imposed on other citizens, evidence of actions that were not deemed criminal by the court may be re-considered by the parole board, which could deem the same evidence as proof of a parole violation. In addition, like civil trials parole violation hearings are also subject to a lower standard of proof so it is possible for a parolee to be punished by the parole board for criminal actions that he was acquitted of in court. It has been suggested that Medical parole be merged into this article or section. ...


The protection afforded by double jeopardy is also only a clause which protects individuals from being punished more than once for the same or similar felony charge. The US Supreme Court have never given the misdemeanour offenses protection under the double jeopardy clause. For instance a public intoxication charge by a city is subject to a separate punishment by a university or other institution without these punishments being an infringement upon those rights afforded by the 5th Amendment and 14th Amendment to the US constitution. Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  US Government Portal      The Supreme Court of the United States (sometimes colloquially referred to by the... Public intoxication, also known as drunk and disorderly conduct (sometimes, incorrectly, as drunken disorderly), is a summary offence in many countries. ... Page I of the Constitution of the United States of America Page II of the United States Constitution Page III of the United States Constitution Page IV of the United States Constitution The Constitution of the United States is the supreme law of the United States of America and is...


In the US military courts martial are subject to the same law of double jeopardy as the US constitution is the supreme law of the military, superseding the Uniform Code of Military Justice. Nonjudicial punishment is considered akin to a civil case and is subject to lower standards than a court martial which is the same as a court of law. However if a non-judicial or NJP proceeding fails to produce conclusive evidence, the commanding officer (or ranking official presiding over the NJP) is not allowed to prepare the same charge against the military member in question. In a court martial, acquittal of the defendant means he is protected permanently from having those charges reinstated. This article does not cite any references or sources. ... The Uniform Code of Military Justice (UCMJ) is the foundation of military law in the United States. ... Nonjudicial punishment in the United States military, is a form of military discipline authorized by Article 15 of the Uniform Code of Military Justice. ...


The most famous US court case invoking the claim of double jeopardy is probably the second 1876 murder trial of Jack McCall, killer of Wild Bill Hickock. McCall was acquitted in his first trial, which was ruled illegal because it took place in an illegal town, Deadwood, then located in South Dakota Indian Territory. At the time Federal law prohibited whites from settling in the Indian Territory but this did not stop them from coming in droves after the discovery of gold in the area. McCall was retried in Indian court, convicted, and hanged. Jack McCall Jack McCall (also known as Crooked Nose Jack) (born in the early 1850s in Jefferson County, Kentucky – died April i1, 1888 in Nacoma Texas, is the man who shot James Wild Bill Hickok from behind, an act that among admirers of Hickok and students of Hickoks history... James Butler Hickok (May 27, 1837-August 2, 1876) better known as Wild Bill Hickok, was a semi-legendary figure in the American Wild West. ... A photograph of Deadwood in 1876. ...


Footnotes

  1. ^ Magistrates’ Courts Act 1980 ss.28, 111; Supreme Court Act 1981 s.28
  2. ^ Criminal Appeal Act 1968 s.7
  3. ^ a b Criminal Procedure and Investigations Act 1996 s.54
  4. ^ Attorney-General for Gibraltar v Leoni, Court of Appeal, 1999 (unreported) see Law Com CP No 156, para 2.24
  5. ^ R v Thomas [1950] 1 KB 26
  6. ^ R v Beedie [1998] QB 356, Dingwall, 2000

See also

Ne bis in idem means (literally translated from Latin) not twice for the same - no legal action can be instituted twice for the same cause of action. ...

External links

Resource Favoring

  • Council For Civil Liberties

Resource Opposing


  Results from FactBites:
 
Double Jeopardy: Encyclopedia of Everyday Law (3421 words)
In England the protection against double jeopardy was considered a universal maxim of the COMMON LAW and was embraced by eminent jurists Henry de Bracton (1250), Sir Edward Coke (1628), Sir Matthew Hale (1736), and Sir William Blackstone (1769).
This fundamental maxim of double jeopardy JURISPRUDENCE entrusts the jury with the power to nullify criminal prosecutions tainted by egregious misconduct on the part of the police, the PROSECUTOR, or the court, a tremendous bulwark against tyranny in a democratic society.
The final question courts must resolve in double jeopardy litigation is determining whether successive prosecutions or punishments are for the "same offense." Jeopardy may have already attached and terminated in a prior criminal proceeding, but the state may bring further criminal action against a person so long as it is not for the same offense.
Double jeopardy - Wikipedia, the free encyclopedia (2048 words)
Double jeopardy (also called "autrefois acquit" meaning "already acquitted") is a procedural defense (and, in many countries such as the United States, Canada, and India, a constitutional right) that forbids a defendant from being tried a second time for the same crime.
Jeopardy attaches in a jury trial once the jury and alternates are impanelled and sworn in.
Double jeopardy is also not implicated for separate offenses or in separate jurisdictions arising from the same act.
  More results at FactBites »

 
 

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