Questions tagged [double-jeopardy]

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Why don't Habitual Offender Laws violate rule against double jeopardy?

Some countries have rules against double jeopardy, yet the same countries also may have rules stipulating more severe punishment to habitual offenders (or practice less severe punishment if the ...
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Can an impeachment charge be dismissed on the grounds of double jeopardy?

Two impeachment articles were drafted by the House and then sent to the Senate Abuse of Power Obstruction of Congress. Now say the senate looks at the original articles and underlying evidence and ...
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Double Jeopardy with grooming

I was reading an article about a paedophile in Scotland that abused teenagers in the UK but also the USA through the internet. Here is a link to the news story Independent article Given that some of ...
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1answer
73 views

Can Canadian judges set aside a jury's verdict of acquittal?

Not long ago I learned that the Crown can appeal from verdicts of acquittal in Canada, unlike prosecutors in the U.S. I once thought that the reason why U.S. judges cannot set aside a jury's verdict ...
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1answer
59 views

Historical examples of retrial for longer prison sentences? [closed]

I've asked this question on the History SE, which resulted in some members commenting it might be better suited on the Law SE. Today I've read in 'Journey into the Whirlwind' by Eugenia Ginzburg, ...
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0answers
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In the US has anyone ever been prosecuted on the state/federal level after being pardoned on the other level?

As I understand it, assuming that an individual's actions violated both state and federal laws, there is nothing legally preventing a state for prosecuting an individual for the crime after the ...
2
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2answers
116 views

Does Double Jeopardy apply to civil cases?

Once upon a time I was issued TWO citations for the same instance of illegally parking my car. One citation came from the property owner (it was a private pay-to-park lot), and the other came from the ...
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3answers
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What prevents someone from claiming to be the murderer in order to get the real murderer off?

Say someone is on trial for a murder they committed. During the trial, one of the witnesses, a friend of the defendant, admits that it was actually they who were the killer. It seems that this would ...
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2answers
200 views

Double jeopardy

Now that it has been reported that all charges against jussie Smollett will be dropped, does the federal government have the right to charge him on their own? Also, if it is found that there was ...
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2answers
200 views

Pseudo-double jeopardy in the US?

Long story short: If you plead guilty to a charge from some specific state (say Alaska) and accept a plea bargain in exchange, can the federal government then come in and charge you separately for ...
3
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1answer
72 views

Dual sovereignty: Which sentence takes precedence?

If one is tried for the same offense in both state and federal court, and is convicted in both cases, then which sentence is enacted first? For example, Dylann Roof got multiple life sentences at the ...
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2answers
412 views

When is a trial considered to have happened vis-a-vis double jeopardy?

When is a trial considered to have happened vis-a-vis double jeopardy? In other words, at one point is a person considered to be tried for an offense and cannot be tried again? At the arraignment or ...
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3answers
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What is the maximum number of times someone could be tried for a single crime in the USA?

So I know that, despite double jeopardy, it's possible to be tried twice for the same crime, by the state and the federal goverment. Purely as an act of curiosity I'm wondering how many times one ...
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How could a mistrial trigger double jeopardy in the O.J. Simpson murder trial?

The People v. O.J. Simpson is a series telling how this famous trial went. In the 9th episode, after Judge Lance Ito states that another judge should determine if the case can remain before this ...
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2answers
186 views

Why does double jeopardy apply even when the acquittal was due to insufficiency of evidence?

In the United States, the Double Jeopardy Clause of the U.S. constitution has been held to prohibit retrying a person for a crime they were previously acquitted of, even if the acquittal was merely ...
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Is the interpretation of Double Jeopardy realistic in the movie Fracture?

Related question Based on a discussion in this comment thread. In the movie Fracture, a man shoots his wife. She ends up in a coma. Meanwhile, the man gets charged with attempted murder. Due to a ...
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Can someone get protection under Double Jeopardy for a crime by arranging to be put on trial with fake evidence that is then disproven?

Lets say I just killed Bob (I'm doing a lot of that today). The police suspect me but currently have little evidence that I killed Bob. However, I haven't hidden the murder weapon and body well and ...
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4answers
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If I've been prosecuted for a crime by another country can the US prosecute me for the same crime afterwards?

Lets say that I commit a crime in which the USA and another country both have jurisdiction. As an example I, a US citizen, kill Bob, a citizen of country X, while we're located in Antartica. ...
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1answer
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Are charges subject to Double jeopardy if they have been pleaded out of?

Person C was charged with crimes A and B. Person C pled guilty to crime A, as part of a plea bargain with prosecution, in exchange for dropping charges on crime B. Executive branch (state or federal, ...
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Can “Double Jeopardy” be a loophole for murder?

Hypothetical facts: A is tried and acquitted for the murder of B. B was only presumed dead but was actually alive. After being acquitted for Bs murder, A actually murders B. A is later arrested and ...