the defendent caused 15 burns on a small child. was found not guilty by jury
2007-02-15 20:10:58 · 11 answers · asked by paula e 1 in Politics & Government ➔ Law & Ethics
IF more evidence is brought forth
and if it is in the "public interest"
2007-02-15 20:14:10 · answer #1 · answered by Anonymous · 0⤊ 0⤋
The historic legal position in the UK was that a Defendant could not be re-tried for the same crime after being found not guilty (the "double jeopardy" rule). This has since been changed.
The Criminal Justice Act 2003 changed the law such that a Defendant can be re-tried if there is "new and compelling" evidence that was not presented at the original trial.
However, this does not mean that anyone can apply for a Defendant to be re-tried. An application can only be made by the Director of Public Prosecutions to the Court of Appeal.
If you believe that you may have "new and compelling" evidence, you should speak to the prosecutor of the original trial for further advice.
2007-02-15 20:22:39 · answer #2 · answered by carlmifflin 1 · 1⤊ 0⤋
Hello,
(ANS) In my opinion the answer is No! why? because the jury made a clear cut decision so the case would be considered closed in a technical legal sense.
**even if you dont agree with the outcome, even if the outcome upsets or dsitress's you.
**Possibly in rare circumstances if new hard evidence was found, evidence that was total convincing, & showed undisputably that the person was guilty. Then perhaps a case could be re-opnned but the evidence would have to be extremely good quality, such as DNA from the crime scene that proved beyond any doubte that the person did the crime.
IR
2007-02-15 20:29:40 · answer #3 · answered by Anonymous · 0⤊ 0⤋
The law on double jeopardy ( a person cannot be tried twice for the same crime) changed last year - but only for very serious crimes - therefore it depends on what the person was actually charged with. If the Crown Prosecution Service only charged the person with lesser crimes - then the answer to your question is an emphatic NO
2007-02-15 20:27:42 · answer #4 · answered by Anonymous · 0⤊ 0⤋
most courts cannot re-open a case to re-try the sam person for the same crime. however, if someone else is suspect, the case will be re-opened. the original defendent cannot be charged again due to concept of double jeopardy, first set forth by the united states in their constitution which prevents such. most other nations, though not all, have similar conditions, especially european-based legal systems. british, french, german, and british commonwealth nations all have similar legal systems founded on the american court system, as regards double jeopardy.
2007-02-15 20:24:31 · answer #5 · answered by de bossy one 6 · 0⤊ 0⤋
You say the defendant caused 15 burns on a small child.
How do you know?
He was found not guilty - that's good enough for me. Otherwise, why have a trial?
2007-02-15 21:04:30 · answer #6 · answered by Anonymous · 0⤊ 0⤋
The law on being you cannot be tried for the same crime twice has now changed, you can! but only if there sufficient evidence to prove he was guilty and im sure you cant get legal aid either.
2007-02-15 20:20:12 · answer #7 · answered by rose 3 · 0⤊ 1⤋
no, u cannot not be tried twice for the same crime. although, i do not know what crown court is so there is probably different laws in different countries. but in the us the above holds true.
2007-02-15 20:20:01 · answer #8 · answered by Angie B 3 · 0⤊ 0⤋
Yes ...under new laws a person can be tried more than once for the same crime.
2007-02-15 20:25:19 · answer #9 · answered by Anonymous · 0⤊ 0⤋
I don't think you can.
2007-02-15 20:14:26 · answer #10 · answered by Unazaki 4 · 0⤊ 0⤋