2007-03-20 18:43:25 · 6 answers · asked by Legend Killa 2 in Politics & Government ➔ Law & Ethics
That the charge had in fact been previously adjudicated, with a verdict of Innocent returned. A mistrial does not count.
2007-03-20 18:46:34 · answer #1 · answered by Anonymous · 4⤊ 0⤋
Any trial that is resolved on the merits, whether the person is found guilty or not, can trigger double jeopardy. As noted above, a mistrial is usually not considered a resolution on the merits.
Jeopardy attaches when the jury is sworn in (for a jury trial), or when the first witness testifies (for a bench trial).
Double jeopardy only applies, however, for related crimes arising out of the same incident. Related crimes is ones where all of the elements of crime A are also elements of crime B, or vice versa. If the two crimes each have an element that the other does not require, then they are not related for purposes of triggering double jeopardy.
Also, jeopardy does not bar prosecutions by different sovereigns -- state vs. federal -- for the same offense.
2007-03-20 19:54:41 · answer #2 · answered by coragryph 7 · 0⤊ 0⤋
Here's an engine search that has more of what you're looking for.
http://search.msn.com/results.aspx?q=requisites+for+a+valid+defense+of+double+Jeopardy&FORM=MSNH
2007-03-20 18:55:47 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You must be found Innocent of a crime in a court of law. When an attempt to be tried for a second time for the same crime a defense of double jeopardy is used.autrefois acquit/ autrefois convict; this is the procedural defense.
2007-03-20 18:54:24 · answer #4 · answered by Pablo 6 · 0⤊ 0⤋
the new charge has to relate to the same incident that a previous criminal trial was initiated from and an actual verdict was returned in the original trial.
Then you appeal on DJ grounds.
Can be a not guilty or even a guilty verdict. ie. If you were found guilty of manslaughter at first trial you cannot then be retried for murder.
But you can be retried for theft if you decided to take the person's wallet after killing him. Of course if you killed the victm to take his wallet then it is just one crime of felony murder.
Law is stricter in Canada or Australia. In US the prosecutor can get around DJ by just re-charging defendent under different jursidiction. If previously a state matter then try under Federal law or vice versa.
2007-03-22 15:41:04 · answer #5 · answered by Edward Carson 3 · 0⤊ 0⤋
The accused was already tried for the same case with the same complainant and causes of action.
2007-03-20 18:48:38 · answer #6 · answered by FRAGINAL, JTM 7 · 2⤊ 0⤋