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74 votes
Accepted

Could double jeopardy protect a murderer who bribed the judge and jury to be declared not guilty?

There is precedent for the idea that double jeopardy need not apply when the initial trial was a sham because the judge and/or jury had been bribed. See Aleman v. Judges of Cook County Circuit Court, ...
Nate Eldredge's user avatar
54 votes

Is this the first time an appeal about double jeopardy for being tried first in the US senate, then in the judiciary has been considered?

Nobody has ever tried this argument before because most people are not so foolish as to overlook the fact that the Constitution (Article I, Section 3, Clause 7) explicitly provides for the possibility ...
phoog's user avatar
  • 37.5k
40 votes

Could double jeopardy protect a murderer who bribed the judge and jury to be declared not guilty?

No No, it would not. When the Judge and/or the jury have been bribed or corruptly influenced, united-states courts have held that the person on trial was never really in jeopardy at all, so the double ...
David Siegel's user avatar
35 votes
Accepted

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
  • 215k
33 votes
Accepted

Why does Double Jeopardy apply if you confess?

In the United States, prohibition against double jeopardy is a constitutional protection. As long as one was actually at jeopardy for an offence by a particular sovereign, that sovereign may not ...
Jen's user avatar
  • 57.1k
29 votes
Accepted

If I've been prosecuted for a crime by another country can the US prosecute me for the same crime afterwards?

You can be prosecuted for the crime in the U.S., both at the federal level and at the U.S. state level (or both), completely without regard to what happened in the criminal justice process elsewhere. ...
ohwilleke's user avatar
  • 218k
27 votes

Is this the first time an appeal about double jeopardy for being tried first in the US senate, then in the judiciary has been considered?

It is the first time Currently, there were 4 impeachment trials of presidents: Johnson in 1868, over longstanding arguments Clinton in 1998/99, over an affair Trump in 2019/20, over interference with ...
Trish's user avatar
  • 39.8k
26 votes

Could Derek Chauvin be retried?

Yes The normal remedy for not receiving a fair trial or due process is the declaration of a mistrial. A mistrial legally never happened so it is up to the prosecution to decide if they want a retrial. ...
Dale M's user avatar
  • 211k
26 votes

Why does Double Jeopardy apply if you confess?

Just because I believe I’m guilty doesn’t mean I am All crimes contain elements, each of which must be true for someone to be guilty. Yes, I shot the victim, yes, I intended to kill him, yes, he’s now ...
Dale M's user avatar
  • 211k
24 votes

Could Derek Chauvin be retried?

Yes, the Ohio case of neurosurgeon Sam Sheppard seems to make clear a retrial was permitted under similar circumstances. The appeal eventually made it to the U.S. Supreme Court as Sheppard v. ...
Burt_Harris's user avatar
  • 1,769
23 votes
Accepted

Can "Double Jeopardy" be a loophole for murder?

Short Answer No. Double jeopardy of the Fifth Amendment to the United States Constitution prohibits someone from being prosecuted more than once for the same factually specific crime (i.e. "the same ...
ohwilleke's user avatar
  • 218k
18 votes
Accepted

Does Double Jeopardy prohibit prosecution, for the same event, in both Federal and State court?

Does double jeopardy prohibit prosecution, for the same event, in both federal and state court? No. Key precedents on the question are US v. Lanza (1922) and Abbate v. US (1959). From Lanza: The ...
phoog's user avatar
  • 37.5k
18 votes

If a person is tried for fraud for practicing law without a degree, and the verdict is not guilty, would double jeopardy prevent future fraud charges?

No The charge would more likely be "Unlicensed practice of law" (UPL), possibly in addition to a charge of fraud. Each time that Rose engages in UPL would be a separate offense, and could ...
David Siegel's user avatar
18 votes

If you try to charge someone for something and it doesn't stick, can a less severe charge be made as a follow-up?

It depends on what you mean by "doesn't stick." If Mark is acquitted of murder in state court, he can't be tried again in state court for the same act of homicide. If the charges are ...
phoog's user avatar
  • 37.5k
17 votes
Accepted

Can someone get protection under Double Jeopardy for a crime by arranging to be put on trial with fake evidence that is then disproven?

The double jeopardy clause would prevent you from being retried by the government that tried you for murder (probably a U.S. state). But, you could be tried for fraud and obstruction of justice at ...
ohwilleke's user avatar
  • 218k
16 votes

Can someone get protection under Double Jeopardy for a crime by arranging to be put on trial with fake evidence that is then disproven?

Chicago mobster Harry Aleman was acquitted of a murder in his first bench trial because the judge had been paid off. An appeals court later ruled that he could be retried. Double jeopardy did not ...
William Jockusch's user avatar
16 votes
Accepted

Can an impeachment charge be dismissed on the grounds of double jeopardy?

Double jeopardy in its usual sense wouldn't attach because impeachment is not a criminal proceeding, which is the only thing double jeopardy applies to (esoteric estoppel matters not withstanding). ...
zibadawa timmy's user avatar
15 votes
Accepted

What prevents someone from claiming to be the murderer in order to get the real murderer off?

It is not as simple as the witness just making the assertion that they are the killer. They will be subject to grueling cross examination to break their story. If the victim was killed at a specific ...
abelenky's user avatar
  • 3,166
14 votes

Can a prosecutor hold back charges so they can try again?

united-states For a particular sovereign in the United States, the criminal law test for this is from Blockburger v. United States (emphasis mine) 12 Each of the offenses created requires proof of a ...
IllusiveBrian's user avatar
14 votes

Has double jeopardy ever been used as an escape to any crime?

Yes, but ... How can you know for sure? Let's say I'm charged with, and acquitted of, murder. Immediately after my acquittal, I confess to the crime describing how I did it and producing tangible and ...
Dale M's user avatar
  • 211k
13 votes
Accepted

Why isn't double jeopardy overruled by new conclusive evidence?

Why do other countries, like America, not allow this? It is the way that U.S. courts have interpreted the constitutional amendment requirement and reflects a policy judgment that letting someone go ...
ohwilleke's user avatar
  • 218k
10 votes

Are charges subject to Double jeopardy if they have been pleaded out of?

The Fifth Amendment, in pertinent part, reads: "nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb;" which suggests that Crime B is still fair game ...
Attractive Nuisance's user avatar
10 votes

Could double jeopardy protect a murderer who bribed the judge and jury to be declared not guilty?

No, this is actual case law from the case of Harry Aleman vs. Judges of the Criminal Division, Circuit Court of Cook County, Illinois, et al., The Seventh Circut Court of the U.S. Federal Court ...
hszmv's user avatar
  • 23k
10 votes
Accepted

Can a judge vacate a conviction and then reinstate it?

Courts have inherent jurisdiction to reconsider/recall their own decisions. This rarely happens (especially if the decision has already been "sealed" i.e. issued in writing) but still ...
Greendrake's user avatar
  • 27.5k
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
  • 3,166
8 votes

What prevents someone from claiming to be the murderer in order to get the real murderer off?

I think this sort of thing happens far more often in fiction than in real life. Off hand I recall a Perry Mason novel and a Donald Westlake novel which used versions of this plot. In the Parry mason ...
David Siegel's user avatar
8 votes
Accepted

Pseudo-double jeopardy in the US?

Yes A person can be charged with and possibly convicted of both Federal and State crimes for the same set of events, if they involve violations of both Federal and State laws. Double jeopardy does ...
David Siegel's user avatar
8 votes
Accepted

Is the interpretation of Double Jeopardy realistic in the movie Fracture?

Is this realistic? Yes. The dramatic performance plays out in the same way that it would in the U.S. Court system. The actual killing of the wife would be 'legal', so can he be charged for ...
ohwilleke's user avatar
  • 218k
8 votes
Accepted

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

Double Jeopardy This is an ancient right that dates back to the jurisprudence of the Roman Republic when it was called non bis in idem (approximately - an issue once raised must not be raised again). ...
Dale M's user avatar
  • 211k

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