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35 votes
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If a defendant is found guilty, they can usually appeal to a higher court. Is the plaintiff appealing an acquittal also allowed?

In the US, the prohibition against double jeopardy provides a hard restriction against re-trial and appeal of an acquittal. The government cannot appeal an acquittal (U.S. v. Sanges, 144 U.S. 310, ...
user6726's user avatar
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22 votes
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What legal basis existed or may have been argued in defence, as to why the "Colston Four" should be acquitted?

In order to prove criminal damage, the prosecutors had to show that the four individuals Destroyed or damaged property [= the statue] The property belonged to another [= Bristol City Council] They ...
craw's user avatar
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10 votes
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Why does Art. 103 of the German Basic Law forbid a second trial after an acquittal?

tl;dr: There is a long legal tradition that the prohibition on being punished a second time really means that a suspect cannot (generally) be put on trial for a second time, no matter whether the ...
sleske's user avatar
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9 votes

Can previous crimes that one was found "not guilty" of be used against them?

What you are describing is closely related to "acquitted conduct sentencing". On the first point, "Carl's" previous acquittal cannot be considered evidence that he committed a ...
abelenky's user avatar
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7 votes

If a defendant is found guilty, they can usually appeal to a higher court. Is the plaintiff appealing an acquittal also allowed?

canada In Canada, Attorneys General are limited in the grounds on which they may appeal an acquittal: the appeal must be based on a ground of law alone. See Criminal Code, s. 676(1)(a): The Attorney ...
Jen's user avatar
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7 votes

What legal basis existed or may have been argued in defence, as to why the "Colston Four" should be acquitted?

The defense barristers made two key arguments: The defendants' acts were necessary to prevent the commission of a crime, namely a violation of section five of the Public Order Act, or the Indecent ...
bdb484's user avatar
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6 votes

Why does Art. 103 of the German Basic Law forbid a second trial after an acquittal?

The English translation (via Google) of the linked article states: The Second Senate of the Federal Constitutional Court (BVerfG) has upheld the constitutional complaint of a man who, after being ...
ohwilleke's user avatar
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5 votes

If a defendant is found guilty, they can usually appeal to a higher court. Is the plaintiff appealing an acquittal also allowed?

If Adam is suing Dave in a civil trial, the answer is yes. (Technically, they would be Pam the Plaintiff and Robert the Respondent.) Whoever lost could file an appeal claiming that there was some kind ...
Davislor's user avatar
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4 votes

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

Not generally. While double jeopardy considerations does not apply in Canada until the final verdict (i.e. all appeal processes have been exhausted by decision or failure to appeal within the time ...
xngtng's user avatar
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2 votes

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

Double Jeopardy in the U.S. does have some exceptions to it, and this might not be impermissible in the United State. There's generally three exceptions, and I'll discuss from most common to least ...
hszmv's user avatar
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2 votes

Is everyone who is acquitted in a criminal trial "acquitted with prejudice"?

In general I agree with the answers by user bdb484 and Nate Eldredge. However there is a significant exception. If a person is accused of, tried for, and acquitted of a crime under state law, the ...
David Siegel's user avatar
2 votes
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Is everyone who is acquitted in a criminal trial "acquitted with prejudice"?

"Acquittal with prejudice" isn't a phrase a lawyer would use, but your characterization is correct. There are no acquittals without prejudice, though a charge could be dismissed without ...
bdb484's user avatar
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2 votes

Why does Art. 103 of the German Basic Law forbid a second trial after an acquittal?

German law is usually not based on precedent, however the supreme court aims for some degree of continuity in their interpretation of the constitution/Grundgesetz. So as per their written opinion on ...
Eike Pierstorff's user avatar
2 votes
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Does due process require that the grounds for a conviction can be substantiated?

united-states In a criminal case, there are a couple of grounds for dismissal of a prosecution based upon insufficient evidence. One is a failure to establish in a preliminary hearing in criminal ...
ohwilleke's user avatar
  • 220k
1 vote

Why does Art. 103 of the German Basic Law forbid a second trial after an acquittal?

Here are (in German language) the press release and the actual ruling From the ruling: (1) Träger des grundrechtsgleichen Rechts aus Art. 103 Abs. 3 GG sind nicht nur Verurteilte, sondern auch ...
cbeleites unhappy with SX's user avatar
1 vote

Does due process require that the grounds for a conviction can be substantiated?

Descartes was never a common law judge Nor did he write any legislation. Therefore, his ideas are irrelevant to the practice of law. The judge has the authority to decide the law because they are the ...
Dale M's user avatar
  • 213k
1 vote

Is everyone who is acquitted in a criminal trial "acquitted with prejudice"?

Normally "prejudice" only applies to a dismissal or other order that ends a case before a verdict is reached. I assume that's where the "pre" comes from. So I don't think one ...
Nate Eldredge's user avatar

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