Double jeopardy law fair no fair?

Question

ok back in 1994-5 my step father was accused of sexual offence against his daughter and grandaught(FALSELY) when he wwent to court they found him not guilty because his daughters didnt want him to my mother and i live at his home they did it again and this time my step dad was convicted (FALSELY) i say falsely because even the court saw no match in times location or anything because of that my stepdad is not able to be around school allow anyone under 18 to be at ur house without another adult or for that matter leave move to another house without letting everyone know he is a rehistered sex offender which while i was growing up SUCKED because i couldnt bring friends over. about to uyears back the daughters and grandaughter have apologized (hypocrites) and they admit it was just a way for them to seperate my mother and him thought the judicial system doesnt see it that way. karma is a b*tch .do you think that was fair?
Additional Details

4 hours ago
NO HE DIDNT DO IT WE KNOW THIS FOR A FACT,YES HE IS INNOCENT

but just mentioning that he is a registered sex offender offends alot of people(with good reason) when he came out in the police news as a registered sex offender he was devastated because he thought it was all behind him i had to explain to my manager and friend the TRUTH but non of this would of happened if and innocent man didnt have to pay the price of a false accusation

just like some innocent lives in death row

yes dont get me wrong the judicial system is doing a good job but it could do a little better dont you think?

for those wannabe english specialist Excuse my misspelled

4 hours ago
also my stepdad doesnt wanna play fire with fire he says theyll get whats coming to them we told him to sue for DEFIMATION OF HONOR ( i think i misspeled defimation*)

Answer 1

Couldn't quite follow everything, but double jeopardy only applies to the same crime, not the same type of crime. So you can't be convicted for murdering person A once you've been found not guilty, but you *can* be found guilty for murdering person B.

I'm sorry what happened to your stepdad. I'm no lawyer, but it seems that if the girls have apologized, that could be used in court to challenge his conviction.

Answer 2

You have raised several different specific aspects of law.

First - "DOUBLE JEOPARDY" .... technically, this means that once convicted or determined innocent by trial (that is a key issue), a person may not again be brought to trial for the same CHARGES. A "charge" is a specific definition of a specific violation of a specific law. Now, this can be confusing. Essentially it means that if someone is brought to trial and a result comes out of the trial - other than dismissal that concludes the trial - then the PRECISE charge cannot be laid again upon the defendant. IF the charge is dimissed "with prejudice," then again the defendant may not be tried on that charge either - in the SAME SYSTEM OF COURTS.

Notice that we are slicing the baloney QUITE thin at this point. But if someone is tried in a state court for a crime, there is still the possibility that the same charges could be levied in federal courts, for example (protection against "double jeopardy" still applies but oh, goodness, let's not go there).

So it is more than probable that something different than the first set of charges was alleged in the second set, and that's why your stepfather was prosecuted again.

Second - "DEFAMATION OF CHARACTER" ... this is a part of civil, not criminal, law that is intended to let someone publicly smeared by other people to use the court to restore a good name and get compensated for damages caused by the smears.

This is expensive, difficult to pursue, and in the end quite unsatisfactory. If your stepfather had been earning hundreds of tousands of dollars, lost valuable property because of the conviction, and other things, then it would be worth the effort. I suggest this is a proper desire, but ultimately an unsatisfying course of action.

Your stepfather DOES have alternative recourse if he wishes and the support for it is available.

First, the young women must have admitted their lies in front of credible witnesses who will agree to testify. Without this specific condition nothing else can be accomplished.

With that information available, then your stepfather can file a criminal complaint against the girls for false report of a felony. He may have to go to the county District Attorney or even the state Attorney General's office in order to make this complaint. And he will need help with a lawyer to obtain sworn statements ("affadavits") from the witnesses who support this claim.

Further, if it is known that the police or prosecuting attorneys involved in this case knew that the girls were lying, there are other courses of action.

In addition, in this situation your stepfather should apply to the Governor of the state for a full pardon. Usually a "pardon" is forgiveness of a crime - but in rare cases such as this, the pardon is also a public declaration that someone has been unfairly, or wrongfully, or mistakenly, convicted of a crime he or she did not commit.

If your family is unable to obtain adequate winess statements that exonerate your stepfather, then you must simply find ways to adapt to the unfairness of life and move on.

Good luck.

Answer 3

This isn't double jeopardy. Double jeopardy is being tried for the exact same crime twice. Your step father was tried for the same criminal act that supposedly occured on two separate dates. To be double jeopardy both acts would have been the same occurance.

Either way, no it isn't fair when innocent people are convicted, however no system is ever fool proof.

Answer 4

That looks like precisely what my previous unit began doing formerly I desktops'd March of ultimate twelve months. you're actually not on citadel Benning, are you? inspite of the undeniable fact that, they made human beings do the instructions in the event that they have been given an DUI, popped warm for drugs, or did something else that selection into going to bring about a piece of writing 15. they did no longer use it for site visitors tickets. besides, sure they are able to grant you corrective coaching separate out of your superb. in case you think of in any different case then speaking to JAG will make particular that. inspite of the undeniable fact that, some issues are probable pointless. that is one element in case you substitute into caught ingesting underage or disrespected certainly one of your NCOs. on the different hand, for what you probably did you are able to desire to declare that is overkill. inspite of the undeniable fact that to play devil's recommend of their prefer, in the adventure that your motor vehicle rolled into yet another Soldier jogging on the line extremely of a motor vehicle door it would be plenty worse. the only reason i does no longer advise what they're doing is with the help of the fact leaders who positioned their subordinates by using stuff like that in basic terms make reenlistment's interest greater durable. Granted, in this financial gadget greater human beings are reenlisting yet 5 years in the past something like this could have been the straw that broke the camel's back and led to an in any different case good Soldier who made one mistake pick to no longer reenlist and get out extremely. Do what you're informed and take it as a lesson. it would desire to be plenty worse, a minimum of you have a comfortable paycheck and that they do no longer look to be attempting to take rank from you.

Answer 5

Your question is very confusing and hard to follow, but it does not appear to have anything to double jeopardy. Double jeopardy prevents the government from trying you over and over again for the same crime. If you are acquitted, then that's it. You can't be tried again for the same crime.

Answer 6

If he was wrongly accused that sucks! I believe in karma and it will come back to them.

Answer 7

The law is ***. Smart people commit offences and escape.

Answer 8

Not sure how to answer this one. Only God knows his guilt or innocence. Sorry this happened to you.

Answer 9

defamation of character",

http://injury-law.freeadvice.com.
I just got off this site,you should check it out.Alot of info there.