Questions tagged [double-jeopardy]
Double jeopardy is the idea that the government may not put a person on trial more than once for a given crime. Part of the Unites States Constitution. Use for questions about when and how it applies.
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How would double jeopardy apply in the P. Diddy case?
I had a question earlier today about double jeopardy, and the answer was surprising to me, it also raises a strange implication for the P. Diddy trial.
Basically, double jeopardy means you can't be ...
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How does double jeopardy work? [duplicate]
Full disclosure, I did go looking and there are a lot of questions about double jeopardy here, but they all concern specific scenarios. They answered a lot of questions for me, but I'm still lacking ...
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Can a person be retried for a lesser crime after being acquitted of a larger one? [duplicate]
In this example, imagine an individual is on trial for first degree murder with a lot of evidence against them, but they are eventually acquitted. United States double jeopardy law prohibits them from ...
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What makes facts "substantially the same" for the purposes of Double Jeopardy (autrefois) in England?
In England and Wales, barring "exceptional circumstances", a defendant cannot be tried again for other charges arising from the "same or substantially the same" facts after a prior ...
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The movie 'Fracture'(2007) and the role of the prosecutor
Questions about the movie Fracture (2007) have been presented before, mainly because of the double jeopardy gimmick it uses. Like here :Is the interpretation of Double Jeopardy realistic in the movie ...
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Can double jeopardy (re-doing a trial) be allowed due to other trials / new information?
Alice goes after Randy for raping her in a trial. Alice has a bad lawyer though, and completely loses, and Randy gets off. After any appeals, etc., Randy still gets off, so Alice is out of luck.
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Why doesn't double jeopardy apply in this case where a woman was convicted of attempted murder, then manslaughter when the victim died years later?
There's an article in today's news about a woman who pleaded "no contest" to attempted murder in 1985 after allegedly shaking a child and causing him serious injury. In 2019 the child, now ...
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Is the plot of Suits in S2E3 plausible in real life?
I've been binge-watching Suits recently, and in the episode S2E3 "Unfinished Business", there's this plot twist:
Ava Hessington is arrested for conspiracy to commit murder of six anti-...
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Is the defendant liable for attempted murder when the attempt resulted in the death of an unintended second victim?
The doctrine of transferred intent applies when the defendant intends to harm a particular victim but as a result an unintended second victim receives that harm. I understand that attempted crimes can’...
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Does any amount of jury tampering negate an acquittal?
Apparently during the 1987 racketeering trial of John Gotti, an anonymous jury was empaneled. However, one of the members, George Pape, had a connection to one of the defendants and accepted a bribe ...
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Is it legal (but maybe "unprecedented") for the prosecution to "judge shop" to re-arrest someone on the same charges?
It's been said that the recent re-arrest of an FBI informant on the same charges is "unprecedented", in particular because it was done by going to a different judge than the original ...
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Could a person who has served time for 2nd degree murder later be charged with 1st degree murder if their co-defendant gets a new trial?
If someone was charged with 1st degree murder but got it got dropped to 2nd degree with a plea of 10 yrs, and their co-defendant got a new trial, could they then be charged with 1st degree murder even ...
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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?
An exchange between two CNN reporters in a December 14, 2023 video Judge pauses Trump election interference case begins
BLITZER: ...the judge ordering a pause until major appeals play out, ...
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Can you be retried if you appeal a partial acquittal?
I know that in the US Double Jeopardy protection means that if you are acquitted the prosecution cannot attempt to appeal or retry you (except for very narrow exceptions). However, a defendant is ...
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Double Jeopardy in the UK for crime committed abroad
This question is about Double Jeopardy in the United Kingdom, focusing on the England and Wales jurisdiction.
Pretend the defendant commits a sexual crime in Spain, where one of the following happens:
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