jeopardy


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jeopardy,

in law, condition of a person charged with a crime and thus in danger of punishment. At common lawcommon law,
system of law that prevails in England and in countries colonized by England. The name is derived from the medieval theory that the law administered by the king's courts represented the common custom of the realm, as opposed to the custom of local jurisdiction that
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 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 juryjury,
body convened to make decisions of fact in legal proceedings. Development of the Modern Jury

Historians do not agree on the origin of the English jury.
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 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. 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.

jeopardy

Law danger of being convicted and punished for a criminal offence
References in periodicals archive ?
The IRS may grant a taxpayer an abatement of a jeopardy or termination assessment if it determines that the jeopardy does not in fact exist.
Indeed, a double jeopardy clause was not contained in most post-Revolutionary War state constitutions.
Even if double jeopardy was not considered fundamental at the time of incorporation into the individual protections of the Bill of Rights, a study of the historical origins of the right in England sheds light on its present day application.
29) Accordingly, modern double jeopardy concepts began as an effort to lessen the power of the king and mitigate the harshness of criminal prosecutions at common law.
While the precise origins of the rule against double jeopardy remain lost to the "mists of time," (36) the prohibition has existed in some form since "Greek and Roman Times.
40) As Professor David Rudstein points out, however, the Roman law against double jeopardy operated quite differently from our modern conception of the doctrine due to the proliferation of private prosecutions.
The first recorded use of the doctrine of double jeopardy in the English common law occurred in 1201.
Enraged that her daughter's killer was only sent to jail for lying instead of for murder, the victim's mother embarked on a quest to change the English double jeopardy law.
English law is the foundation from which American jurisprudence has evolved, and the two systems' double jeopardy rules remain similar.
The English double jeopardy modernization is sound policy, and the United States should explore options to achieve similar, limited goals without destroying the careful balance between accuracy and finality.
Ann Ming, Julie's mother, campaigned long and hard for the double jeopardy law to be changed, but it was another case that led to the scrapping of this archaic law.
This led to an investigation being set up and it recommended that the law of double jeopardy be changed if new evidence should emerge in a murder case.