jeopardy

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Related to double jeopardy: Double Jeopardy Clause

jeopardy

jeopardy, in law, condition of a person charged with a crime and thus in danger of punishment. At common law a defendant could be exposed to jeopardy for the same offense only once; exposing a person twice is known as double jeopardy. Double jeopardy is prohibited in federal and state courts by the Fifth and Fourteenth Amendments to the U.S. Constitution. The concept refers to an offense, not to an act giving rise to an offense; therefore, it is possible to try a person for multiple violations arising from a single act (e.g., assault, attempted murder, and carrying a deadly weapon). Jeopardy does not exist until the jury is sworn in, or, if there is no jury, until evidence is introduced. The prohibition of double jeopardy does not preclude a second trial if the first court lacked jurisdiction (authority), if there was error in the proceedings, or if the jury could not reach a verdict. Additionally, an offense is potentially subject to separate prosecutions in federal and state courts. A similar principle, known as res judicata, operates in civil suits. It holds that once a civil case has been finally decided on the merits the same parties can not litigate it again. In England and Wales, revisions to criminal law that took effect in 2005 now permit the Court of Appeal to order a person acquitted of a crime to be retried if there is “new and compelling” evidence.
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jeopardy

Law danger of being convicted and punished for a criminal offence
Collins Discovery Encyclopedia, 1st edition © HarperCollins Publishers 2005
References in periodicals archive ?
Martin again took his case to the Court of Appeals; this time for double jeopardy. But the state argues that because Martin was never convicted of first-degree murder and he was never acquitted on those charges either, this would not be a matter of double jeopardy.
" The United States Supreme Court recently concluded that, for the purposes of the Double Jeopardy Clause, the Commonwealth of Puerto Rico and the United States are a single sovereign, and that therefore Puerto Rico and the United States cannot successively prosecute an individual 'for the same conduct under equivalent criminal laws.'
If the conspiracy described in the 2006 indictment was the same as the conspiracy described in the 2016 indictment, then Scott was subjected to double jeopardy because the prosecutions under both indictments sought to punish him for the same conduct: his participation in the conspiracy between 2005 and 2006.
constitutional guarantee against double jeopardy. (13)
The prohibition against double jeopardy is intended to prevent the government from persecuting a citizen with two or more cases even if only one crime was committed.
Double jeopardy is 'the constitutional right of an accused in a criminal case against being prosecuted for the same offense for which he has been either previously acquitted or convicted.'
Calida, in a statement, refuted the pronouncement of Integrated Bar of the Philippines (IBP) president Abdiel Fajardo that the revival of the rebellion case against Trillanes smacks of double jeopardy.
I'm really keen to highlight how important it is - in some previous cases, double jeopardy had allowed extremely dangerous people to walk the streets.
Double jeopardy legislation, which came into force in 2011, allows an accused person to be retried for a crime for which they were previously acquitted under a limited set of circumstances.
The end of double jeopardy in Scotland in 2011 means a person can now be tried for the same crime twice.
A KILLER today faces a life sentence under double jeopardy laws for murdering an elderly widow with a marble rolling pin - four years after he was cleared of the same offence.