Can a person be tried twice for a homicide if previously acquited or if his conviction was overturned by an appeals court?
2006-09-28 02:34:59 · 6 answers · asked by jbran361902002 2 in Politics & Government ➔ Law & Ethics
The other postings are correct: English/Welsh law (apparently not yet Scottish or Northern Irish) has been changed to permit a second drial notwithstanding a first acquittal. http://news.bbc.co.uk/1/hi/uk/4406129.stm Whether that erosion of the principle of "ne bis in idem" will withstand scrutiny under the Human Rights Act 1998 and the European Convention on Human Rights remains to be seen. The first such prosecution recently ended with a conviction: was this a retroactive application of a new penal law?
In the USA one may be tried and convicted by one sovereign after acquittal by another. Usually, but not always, the crime alleged is different, a different law such as violation of civil rights instead of homicide.
In the famous case Coumas v. Superior Court http://www.uniset.ca/naty/maternity/192P2d449.htm , the defendant had escaped to Greece (of which he was also a national) after having killed someone in California. He served a short sentence there, and was tried again in California but the case was dismissed due to unique terms of the California constitution.
The other case I would draw your attention to is the Sheinbein case: http://www.uniset.ca/naty/maternity/wp_sheinbein.htm (Israel has changed its law so that the Law of Return cannot be claimed by a felon.) Some years ago Israel refused admission to Meyer Lansky, who then offeredf $2 million to any country that would have him. None would because the US Embassy prevailed on them all not to take him in view of his murderous past. He landed in Miami and was tried there. He paid $1 million to his defense counsel according to street lore. And he was acquitted.
2006-09-28 03:18:27 · answer #1 · answered by Anonymous · 2⤊ 0⤋
UK: The law was recently changed to allow for such a case. Provided 'substantially new' evidence has come to light, a second 'bite of the cherry' is allowed. This allows for the progress made in forensic testing, especially DNA samples that were insufficient for testing years ago. There have been several successful prosecutions since the law came into force.
2006-09-28 02:41:11 · answer #2 · answered by thomasrobinsonantonio 7 · 0⤊ 0⤋
It isn't necessarily double jeapordy because the same case is still going through the court system. It isn't like you are being tried twice. It is just that the first trial had errors and the appellate court agreed the lower court needs to fix the errors by having the trial again.
2006-09-28 03:12:59 · answer #3 · answered by Zelda 6 · 0⤊ 1⤋
Not in the same courts by the same party. You can have a civil trial after a federal trial. Remeber OJ.....he was found innocent by the courts, but the the family members of his ex wife and her friend took him to civil court and he was ordered to pay restitution.
2006-09-28 03:03:43 · answer #4 · answered by Anonymous · 0⤊ 1⤋
Not in the U.S. once tried and a verdict is passed, they cannot be retrid for the same crime.
2006-09-28 02:48:24 · answer #5 · answered by exodus64_1996 3 · 0⤊ 2⤋
wow dude.
2006-09-28 02:44:00 · answer #6 · answered by Anonymous · 0⤊ 2⤋