74

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, 138 F.3d 302 (7th Cir. 1998). This case was very similar to your hypothetical: Aleman was initially acquitted of a murder, but years later it came to light ...


42

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 jeopardy rule does not apply. Such a case is described in this Chicago Tribune story from 1994, where the trial judge has been bribed. The Wikipedia article ...


27

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. This is true in all of the scenarios you pose, for any offense, and with or without an extradition treaty (of course, unless the treaty had some anomalous ...


27

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. Unless the appellant can demonstrate that no reasonable jury would have convicted on the evidence (which seems unlikely verging on impossible), the appeal will ...


26

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. Maxwell, 384 U.S. 333 (1966), which reversed and remanded the conviction. The state of Ohio retried Sheppard; however, in the second trial, the state failed to ...


21

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 offense"). The Double Jeopardy Clause of the Fifth Amendment provides: “[N]or shall any person be subject for the same offence to be twice put in jeopardy of ...


18

In england-and-wales double jeopardy would not apply as murder is a qualifying offence for a retrial follow an acquittal as per Part 10 and Schedule 5 of the Criminal Justice Act 2003 Part 10, s.75: Cases that may be retried (1) This Part applies where a person has been acquitted of a qualifying offence in proceedings— (a) on indictment in England and Wales,...


16

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). You might recall that OJ Simpson was tried and acquitted of murder in a criminal court, and then subsequently tried and found liable in a civil court for those ...


15

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 material evidence like the murder weapon, etc. So, did I commit murder? Well, we can't say. All we can say is that if I were tried again with all this new ...


15

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 defendants thus committed two different offenses by the same act, and a conviction by a court of Washington of the offense against that state is not a conviction ...


14

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 time, perhaps the prosecution can prove the witness was somewhere else at that time, and therefore lying. (No Opportunity) If the victim was killed with a ...


13

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 free now and then is better than frequently forcing someone to be tried more than once. That value judgment flowed from concerns about and fear and skepticism of ...


13

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 different element. The applicable rule is that, where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be ...


12

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 apply because the first trial was fixed, so he was not in jeopardy. Wikipedia doesn't say so, but I believe part of what led to that ruling was proof that Aleman ...


11

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 system ruled that Double Jeopardy did not attach because Aleman's initial trial was a bench trial before a bribed Judge. Because Aleman was never "in jeopardy ...


10

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 the state level, and you could be tried for murder if an appropriate federal offense were located, at the federal level. Often conspiracy to deprive someone of ...


9

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 under double jeopardy. However, if B is a lesser included offense under Blockburger, i.e. A is Aggravated Robbery and B is Robbery, then a prosecution could be ...


9

(assuming United States law here, though I'd be surprised if it were significantly different in other jurisdictions with such restrictions) Your friend is incorrect: that would be a new offense, for which Person A could be prosecuted anew. If your friend's logic were correct, once a person is convicted of robbing a store, they'd be free to rob that store ...


8

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 murder for something that has been done legally, only because they can prove is intent to kill her before that? Especially since he has already been acquitted of ...


8

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 not bar such a prosecution because they are considers two different crimes, and the double jeopardy clause reads: [N]or shall any person be subject for the ...


8

As far as the US is concerned, the provision of the US constitution ends the discussion, unless there is some latent and unresolved unclarity what the 5th Amendment says. Bear in mind that the amendment refers to "jeopardy" and not just "punishment" or "conviction" – even the possibility of conviction. To overcome the US ...


8

The Mel Ignatow case is probably among the most famous. There was also a case in Texas more recently, though double jeopardy was triggered by a conviction for a lesser included offense, rather than a conviction..


7

Yes, this is plausible. To be doctrinally precise, "jeopardy" attaches when the jury is sworn in. Once jeopardy attaches, there can only be a second trial if: The defendant is convicted of a charge that is reversed on appeal or in a collateral attack on the conviction. There is a mistrial that is attributable to the defendant or the defendant's counsel's ...


7

There's a saying hard cases make bad law: Hard cases make bad law is an adage or legal maxim. The phrase means that an extreme case is a poor basis for a general law that would cover a wider range of less extreme cases. In other words, a general law is better drafted for the average circumstance as this will be more common. Maybe you can find a case where ...


6

Yes. Not only could the US prosecute you if another country already tried you, it can prosecute if one of the 50 states already tried you. US courts have treated the rule against double jeopardy as a rule against two prosecutions by the same sovereign. But a US state is a separate sovereign from the feds and from other states, and the US is a separate ...


6

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). In its common law manifestation it applies to both civil and criminal trials and is an example that one of the functions of a judicial system is to bring ...


6

new-zealand This has been codified, and case law has provided some nuances. A great overview of it is given by Jeremy Finn and Don Mathias in "Criminal Procedure in New Zealand" which is helping me to write this answer. Can the prosecutor charge me with some, run the case to its conclusion and then, win or lose, charge me with others. Rinse and ...


6

The pardon does what it says it does Typically, the pardon is given for which the accused has already been convicted. Therefore, the principle of double jeopardy applies: the person has already been tried on the facts and all the charges that were or should have been brought have been determined. This, of course, doesn't prevent charges from being laid for ...


5

Multiple victims = multiple crimes The victim(s) in the USA and Scotland are unlikely to be the same person(s) - a separate crime is committed for each event against each victim. Double jeopardy is not applicable just as if the person had robbed a bank in the USA and another bank in Scotland. Notwithstanding, double jeopardy only applies within the same ...


Only top voted, non community-wiki answers of a minimum length are eligible