some questions (I know that answer is different from State to State)?
1) When a criminal case can be reopened? Which procedure stage the case is under double jeopardy rule since?
2) Is a new trial possible when you descover new dismissing evidences after a previous trial ending in a conviction (it's forbidden under US Constitution, I think)?
3) IS a new criminal provision (that creates a new crime; or that abolish crime) rectroactive? or when is it rectroactive?
2006-12-22 01:30:24 · 3 answers · asked by ? 7 in Politics & Government ➔ Law & Ethics
#1 - #2 - It depends on how the trial ended. If it was dismissed without prejudice, a new trial can be initiated at any time. If the jury has already found its verdict, you cannot reopen without showing some error in law that affected the results. There are instances where someone can request a retrial. And there is habeas corpus that can be brought and then show someone's innocence.
#3 - No, criminal laws cannot be made retroactive. They go into effect at a specific date and time. Article I, Section 9 of the U.S. Constitution states that "no ... ex post facto law shall be passed" meaning that it not enforceable.
2006-12-22 02:37:24 · answer #1 · answered by Aggie80 5 · 2⤊ 0⤋
Most of your questions go to the issue of double jeopardy. Double jeopardy occurs only when a person is tried in the same jurisdiction and on the same charges that s/he was already tried and exonerated for. This does NOT preclude additional, new charges arising from the same basic information as before, nor does it preclude federal charges where state were filed or vice versa. A criminal case can be reopened at any time as long as the statute of limitations has not expired for the crime(s) in questions. The statute of limitations varies by crime. There is no statute of limitations for murder charges. These can be filed at any time the evidence warrants it. Generally speaking, the more serious the crime, the longer the statute of limitations.
As for #3 - new criminal provisions that create or abolish crimes cannot be applied retroactively.
2006-12-22 02:32:38 · answer #2 · answered by jurydoc 7 · 1⤊ 0⤋
in Calif it is illegal to fish from the back of a giraffe
or have sex in a hearse
2006-12-22 01:34:45 · answer #3 · answered by ken y 5 · 0⤊ 1⤋