Definitions

1. Double jeopardy is a term used in law. (Web site)
2. Double jeopardy is a powerful protection of individual liberty.
3. Double Jeopardy is a movie, where someone is convicted of a murder she did not commit. (Web site)
4. Double jeopardy is a situation in which a person cannot be tried for the same offence twice. (Web site)
5. Double Jeopardy is the common name for the notion that no one shall be tried twice for the same crime. (Web site)

Double Jeopardy

1. The United States argued that only an acquittal verdict by a jury warranted double jeopardy protection.
2. And due to the double jeopardy principle, the state or prosecution may never appeal a jury or bench verdict.
3. See ibid. Since directed verdicts of acquittal were given double jeopardy protection, see Fong Foo v.

Jeopardy Clause

1. Held: In rem civil forfeitures are neither "punishment" nor criminal for purposes of the Double Jeopardy Clause. (Web site)
2. Today the Court holds that the civil in rem forfeitures here are not punishment implicating the protections of the Double Jeopardy Clause. (Web site)
3. A defendant suffers multiple punishments in violation of the Double Jeopardy Clause when he is convicted of more offenses than the legislature intended. (Web site)

Conviction

1. The defendant's conviction was reversed on appeal on double jeopardy grounds. (Web site)
2. The intermediate appellate court upheld the firearm conviction against the defendant's double jeopardy attack.

Trial

1. For more information on double jeopardy, visit Britannica.com. (Web site)
2. The Double Jeopardy Clause is not an absolute bar to successive trials. (Web site)
3. A "bedrock" of the Double Jeopardy Clause is the defendant's interest in finality.
4. The double jeopardy rule is a joke - that is, on the innocent victims of crime. (Web site)
5. However, this double jeopardy rule was scrapped in England and Wales in April 2005. (Web site)

Same Offense

1. First, under double jeopardy, a defendant can not be prosecuted a second time for the same offense after an acquittal. (Web site)
2. Double jeopardy also protects against a second prosecution for the same offense after conviction and also for multiple punishments for the same offense. (Web site)
3. If a person is twice subject to punishment for the same offense, double jeopardy protection attaches and the person is spared from the second prosecution. (Web site)

Halper

1. Halper involved in personam civil penalties under the Double Jeopardy Clause. (Web site)
2. The United States, Korea and many countries' constitutions have a double jeopardy clause as part of their constitutions.
3. Before trial, two of the defendants filed a motion to dismiss the superseding indictment on double jeopardy grounds, relying on Halper. (Web site)

Against Double

1. The Supreme Court has also ruled that the right against double jeopardy precludes only subsequent criminal proceedings.
2. Kansas has codified the protection against double jeopardy. (Web site)
3. On appeal, Hill argued that the second prosecution violated double jeopardy. (Web site)
4. Double jeopardy by country Australia Image:Wiki letter w.png This section is a stub. (Web site)
5. Thus, while the State only argues that Enriquez-Beltran-s double jeopardy claim could and should have been raised on direct appeal and that State v.

Civil

1. The double jeopardy I'm referring to is the probably-upcoming civil trial. (Web site)
2. As illustrated, double jeopardy and civil forfeiture were not born of the same parents. (Web site)
3. The issue of whether a law is civil or punitive in nature is essentially the same for ex post facto and for double jeopardy analysis. (Web site)
4. One of the first cases to consider the relationship between the Double Jeopardy Clause and civil forfeiture was Various Items of Personal Property v. (Web site)

District

1. The government's appeal was dismissed by the Court of Appeals on double jeopardy grounds.
2. He appealed and the district court dismissed all charges on the basis of double jeopardy. (Web site)
3. Kansas constitutional and statutory provisions prohibiting double jeopardy apply to de novo appeals from magistrate courts to the district courts. (Web site)

Retrial

1. Neither verdict allows a retrial under the double jeopardy principal. (Web site)
2. In most circumstances, applying the Double Jeopardy Clause to bar retrial causes no injustice.

Trial Court

1. Truth on trial (appeal) - Double jeopardy - 5 October 2003. (Web site)
2. Only double jeopardy can end a prosecution due to the mistake of the trial court.
3. If the earlier trial is proven to be a fraud or sham, double jeopardy will not prohibit a new trial. (Web site)
4. The trial court's action did not threaten any of the defendant's double jeopardy interests in this case.
5. It held that since the trial court's ruling did not require a second proceeding, double jeopardy was not violated.

Jeopardy Protection

1. This statute is the codification of a defendant's constitutional double jeopardy protection. (Web site)
2. Therefore, the initial dismissal was not final and did not warrant double jeopardy protection.
3. Only certain types of legal proceedings invoke double jeopardy protection. (Web site)

Punitive

1. We then turned to consider whether the tax was so punitive as to constitute a punishment subject to the Double Jeopardy Clause. (Web site)
2. In Kurth Ranch we held that the Double Jeopardy Clause applies to punitive proceedings even if they are labeled a tax. (Web site)

Tried

1. Double jeopardy did not bar an appeal of this ruling.
2. DOUBLE JEOPARDY being tried twice for the same offense. (Web site)
3. The offenses were not "the same offence" under the Double Jeopardy Clause. (Web site)
4. Double Jeopardy : - When a person is prosecuted or sentenced twice for the same crime.
5. Certain legal situations may allow for retrial of a previously tried crime without violating double jeopardy. (Web site)

Criminal

1. The double jeopardy clause applies to all criminal cases.
2. The Double Jeopardy Clause is the ultimate weapon of the criminal defendant.
3. Double jeopardy applies only to criminal cases, while collateral estoppel applies in both criminal and civil proceedings. (Web site)

Justice

1. In England and Wales, the double jeopardy provisions of the Criminal Justice Act 2003 came into force in April 2005.
2. Since JUSTICE STEVENS disagrees with our double jeopardy decision, he asserts that the federal court must perform its Jackson v. (Web site)

Final

1. No order or verdict is recognized under double jeopardy until it is final.
2. While the effect of a retrial on the defendant is the same in both cases, only acquittals are considered final under double jeopardy.

Prohibition

1. Derusseau claims a violation of the prohibition against double jeopardy. (Web site)
2. Maryland, 48 however, the Court concluded "that the double jeopardy prohibition . (Web site)
3. A violation of the prohibition against double jeopardy is a question of law, and the appellate court's review is de novo. (Web site)

Barred

1. Torres. 9 In Torres, the defendant filed a motion arguing that his trial was barred by double jeopardy. (Web site)
2. Since there was no other valid reason for allowing the appeal, it was barred by double jeopardy.
3. The judge abused his discretion in granting the mistrial, and the subsequent prosecution was barred by double jeopardy. (Web site)

Violate

1. Virginia, 443 U.-S. 307, 324 (1979), double jeopardy precludes retrial.
2. The subsequent prosecution was not a violation of Amador's double jeopardy rights. (Web site)
3. It has been said that the fundamental principle of double jeopardy has been around for centuries.
4. A procedure is less likely to violate double jeopardy if it does not require additional factfinding.
5. Based on the analysis in Kennedy, it appears DWI vehicle forfeiture proceedings would likewise not violate double jeopardy principles.

Interests

1. In this situation, the interests protected by the Double Jeopardy Clause did not bar retrial.
2. What mattered was the effect of the order on the interests protected by the Double Jeopardy Clause.
3. Smalis v. Pennsylvania, 476 U.-S. 140 (1986) involved a similarly clear threat to the interests preserved by double jeopardy.

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