The European Tribune is a forum for thoughtful dialogue of European and international issues. You are invited to post comments and your own articles.
Please REGISTER to post.
Double jeopardy - Wikipedia
Non-final judgments As double jeopardy applies only to charges that were the subject of an earlier final judgment, there are many situations in which it does not apply despite the appearance of a retrial. For example, a second trial held after a mistrial does not violate the double jeopardy clause because a mistrial ends a trial prematurely without a judgment of guilty or not guilty. Cases dismissed because of insufficient evidence may constitute a final judgment for these purposes though many state and federal laws allow for substantially limited prosecutorial appeals from these orders. Also a retrial after a conviction has been reversed on appeal does not violate double jeopardy because the judgment in the first trial has been invalidated. In both of these cases, however, the previous trials do not entirely vanish. Testimony from them may be used in later retrials such as to impeach contradictory testimony given at any subsequent proceeding.
As double jeopardy applies only to charges that were the subject of an earlier final judgment, there are many situations in which it does not apply despite the appearance of a retrial. For example, a second trial held after a mistrial does not violate the double jeopardy clause because a mistrial ends a trial prematurely without a judgment of guilty or not guilty. Cases dismissed because of insufficient evidence may constitute a final judgment for these purposes though many state and federal laws allow for substantially limited prosecutorial appeals from these orders. Also a retrial after a conviction has been reversed on appeal does not violate double jeopardy because the judgment in the first trial has been invalidated. In both of these cases, however, the previous trials do not entirely vanish. Testimony from them may be used in later retrials such as to impeach contradictory testimony given at any subsequent proceeding.
by Frank Schnittger - Sep 10 3 comments
by Frank Schnittger - Sep 1 6 comments
by Frank Schnittger - Sep 3 30 comments
by Oui - Sep 6 3 comments
by gmoke - Aug 25 1 comment
by Frank Schnittger - Aug 21 1 comment
by Frank Schnittger - Aug 22 57 comments
by Oui - Sep 139 comments
by Oui - Sep 13
by Oui - Sep 124 comments
by Oui - Sep 1010 comments
by Frank Schnittger - Sep 103 comments
by Oui - Sep 10
by Oui - Sep 92 comments
by Oui - Sep 84 comments
by Oui - Sep 715 comments
by Oui - Sep 72 comments
by Oui - Sep 63 comments
by Oui - Sep 54 comments
by gmoke - Sep 5
by Oui - Sep 43 comments
by Oui - Sep 47 comments
by Frank Schnittger - Sep 330 comments
by Oui - Sep 211 comments
by Frank Schnittger - Sep 16 comments
by Oui - Sep 114 comments