The antigraft court noted that the other case was still pending which meant that double jeopardy
could not occur as Ong 'has not yet been convicted or acquitted, and that said case has neither been dismissed nor terminated without his
They believe the Crown's refusal to put forward "new" DNA evidence that would have suggested a one-in-abillion chance of anyone other than only suspect Auld killing Amanda in Hamilton in 1992 revealed that the current double jeopardy
law is "not fit for purpose".
The aim was to initiate debate on the application of the double jeopardy
principle in war crimes cases and the harmonization of practices before BiH courts.
Constitution, and known as Double Jeopardy
clause, a person cannot be tried on the same charges following a legitimate acquittal or conviction.
After the second trial, he was formally cleared, giving him the protection of the double jeopardy
law - the principle that you cannot be tried twice for the same crime.
The question in this article is whether, with respect to double jeopardy
, in the absence of an express statute or constitutional provision permitting re-trials for acquitted defendants, prosecutors could "unofficially" use their discretion to form a loophole to the prohibition against double jeopardy
using perjury prosecutions and subsequent civil and forfeiture proceedings used against defendants acquitted of the original charge.
In holding that the Double Jeopardy
Clause does not prohibit retrial of a defendant who was essentially acquitted on a greater charge when the jury deadlocked on lesser-included charges, the Supreme Court has directly contradicted the Double Jeopardy
Clause's function of protecting defendants from repeated prosecutions by the State for the same offense.
I think that it is far better that double jeopardy
remains, and that legal advisers for both the prosecution and defence treat the legal process with due deference, and make the case for both sides in the best way that they can.
For us, there is now a little bit of hope, especially with the double jeopardy
law changing last year.
But changes to the double jeopardy
rule saw him finally brought to justice when the Court of Appeal quashed his acquittal after an application by police.
London, June 14 (ANI): Lockerbie bomber Abdelbaset Ali Mohmed al-Megrahi, who was sent back to Libya on compassionate grounds, could still be tired under the United Kingdom's new double jeopardy
Similar puzzles plague the legal scholar seeking to discern the meaning of the Double Jeopardy
He husband Jonathan, speaking after the sentencing, said the change in the double jeopardy
law was "crucial in achieving justice" but he refused to criticise forensic officers who failed to spot the blood stains in the initial investigation.
THE principle of double jeopardy
, which prevented an accused person being tried twice for the same crime, was done away with in 2005.
6) Barred from re-indicting Dunlop for homicide by the historic common law prohibition on double jeopardy
, (7) the Crown prosecution took the "unusual" step of charging him with perjury.