In jurisprudence, double jeopardy is a procedural defence that prevents an accused person from being tried again on the same charges following an acquittal or conviction and in rare cases prosecutorial and/or judge misconduct in the same jurisdiction. Double jeopardy is a common concept in criminal law. In civil law, a similar concept is that of res judicata. Variation in common law countries is the peremptory plea, which may take the specific forms of autrefois acquit or autrefois convict. These doctrines appear to have originated in ancient Roman law, in the broader principle non bis in idem.
Life imprisonment is any sentence of imprisonment for a crime under which convicted criminals are to remain in prison for the rest of their lives or indefinitely until pardoned, paroled, or commuted to a fixed term. Crimes that warrant life imprisonment are usually violent and/or dangerous. Examples of crimes that result in life sentences are murder, torture, terrorism, child abuse resulting in death, rape, espionage, treason, drug trafficking, drug possession, human trafficking, severe fraud and financial crimes, aggravated criminal damage, arson, kidnapping, burglary, and robbery, piracy, aircraft hijacking, and genocide, crimes against humanity, war crimes, severe cases of child pornography, or any three felonies in the case of a three-strikes law.
In common law jurisdictions, an acquittal means that the prosecution has failed to prove that the accused is guilty beyond a reasonable doubt of the charge presented. It certifies that the accused is free from the charge of an offense, as far as criminal law is concerned. The finality of an acquittal is dependent on the jurisdiction. In some countries, such as the United States, an acquittal prohibits the retrial of the accused for the same offense, even if new evidence surfaces that further implicates the accused. The effect of an acquittal on criminal proceedings is the same whether it results from a jury verdict or results from the operation of some other rule that discharges the accused. In other countries, like Australia and the UK, the prosecuting authority may appeal an acquittal similar to how a defendant may appeal a conviction — but usually only if new and compelling evidence comes to light or the accused has interfered with or intimidated a juror or witness.
Prejudice is a legal term with different meanings, which depend on whether it is used in criminal, civil, or common law. In legal context, "prejudice" differs from the more common use of the word and so the term has specific technical meanings.
Palko v. Connecticut, 302 U.S. 319 (1937), was a United States Supreme Court case concerning the incorporation of the Fifth Amendment protection against double jeopardy.
Dietrich v The Queen is a 1992 High Court of Australia constitutional case which established a person accused of serious criminal charges must be granted an adjournment until appropriate legal representation is provided if they are unrepresented through no fault of their own and proceeding would result in the trial being unfair.
Benton v. Maryland, 395 U.S. 784 (1969), is a Supreme Court of the United States decision concerning double jeopardy. Benton ruled that the Double Jeopardy Clause of the Fifth Amendment applies to the states. In doing so, Benton expressly overruled Palko v. Connecticut.
Section 11 of the Canadian Charter of Rights and Freedoms is the section of the Canadian Constitution that protects a person's legal rights in criminal and penal matters. There are nine enumerated rights protected in section 11.
The Criminal Justice Act 2003 is an Act of the Parliament of the United Kingdom. It is a wide-ranging measure introduced to modernise many areas of the criminal justice system in England and Wales and, to a lesser extent, in Scotland and Northern Ireland. Large portions of the act were repealed and replaced by the Sentencing Act 2020.
Murder is an offence under the common law of England and Wales. It is considered the most serious form of homicide, in which one person kills another with the intention to cause either death or serious injury unlawfully. The element of intentionality was originally termed malice aforethought, although it required neither malice nor premeditation. Baker, chapter 14 states that many killings done with a high degree of subjective recklessness were treated as murder from the 12th century right through until the 1974 decision in DPP v Hyam.
The New Zealand Bill of Rights Act 1990 is a statute of the Parliament of New Zealand part of New Zealand's uncodified constitution that sets out the rights and fundamental freedoms of anyone subject to New Zealand law as a bill of rights, and imposes a legal requirement on the attorney-general to provide a report to parliament whenever a bill is inconsistent with the bill of rights.
English criminal law concerns offences, their prevention and the consequences, in England and Wales. Criminal conduct is considered to be a wrong against the whole of a community, rather than just the private individuals affected. The state, in addition to certain international organisations, has responsibility for crime prevention, for bringing the culprits to justice, and for dealing with convicted offenders. The police, the criminal courts and prisons are all publicly funded services, though the main focus of criminal law concerns the role of the courts, how they apply criminal statutes and common law, and why some forms of behaviour are considered criminal. The fundamentals of a crime are a guilty act and a guilty mental state. The traditional view is that moral culpability requires that a defendant should have recognised or intended that they were acting wrongly, although in modern regulation a large number of offences relating to road traffic, environmental damage, financial services and corporations, create strict liability that can be proven simply by the guilty act.
Heath v. Alabama, 474 U.S. 82 (1985), is a case in which the United States Supreme Court ruled that, because of the doctrine of "dual sovereignty", the double jeopardy clause of the Fifth Amendment to the Constitution does not prohibit one state from prosecuting and punishing somebody for an act of which they had already been convicted of and sentenced for in another state.
The World's End Murders is the colloquial name given to the murder of two girls, Christine Eadie, 17, and Helen Scott, 17, in Edinburgh, in October 1977. The case is so named because both victims were last seen alive leaving The World's End pub in Edinburgh's Old Town. The only person to stand trial accused of the murders, Angus Sinclair, was acquitted in 2007 in controversial circumstances. Following the amendment of the law of double jeopardy, which would have prevented his retrial, Sinclair was retried in October 2014 and convicted of both murders on 14 November 2014. He was sentenced to life imprisonment with a minimum term of 37 years, the longest sentence by a Scottish court, meaning he would have been 106 years old when he was eligible for a potential release on parole. He died at HM Prison Glenochil aged 73 on 11 March 2019. Coincidentally, he died on the same day the BBC's Crimewatch Roadshow programme profiled the murders.
The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution provides: "[N]or shall any person be subject for the same offence to be twice put in jeopardy of life or limb..." The four essential protections included are prohibitions against, for the same offense:
Ashe v. Swenson, 397 U.S. 436 (1970), was a decision by the United States Supreme Court, which held that "when an issue of ultimate fact has once been determined by a valid and final judgment, that issue cannot again be litigated between the same parties in any future lawsuit." The Double Jeopardy Clause prevents a state from relitigating a question already decided in favor of a defendant at a previous trial. Here, the guarantee against double jeopardy enforceable through the Fifth Amendment provided that where the defendant was acquitted of robbing one victim, the government could not prosecute the criminal defendant in a second trial for a different victim in the same robbery.
Yong Vui Kong v. Public Prosecutor was a seminal case decided in 2010 by the Court of Appeal of Singapore which, in response to a challenge by Yong Vui Kong, a convicted drug smuggler, held that the mandatory death penalty imposed by the Misuse of Drugs Act ("MDA") for certain drug trafficking offences does not infringe Articles 9(1) and 12(1) of the Constitution of Singapore.
Regina v Armel Gnango[2011] UKSC 59 is the leading English criminal law case on the interaction of joint enterprise, transferred malice, and exemption from criminal liability where a party to what would normally be a crime is the victim of it. The Supreme Court held, restoring Gnango's conviction for the murder of Magda Pniewska, that he was guilty of murder notwithstanding the fact that he had not fired the shot which killed Pniewska during the shoot out which led to her death, and that the fatal shot had been fired by his opponent in an attempt to kill him. The judgment of the Supreme Court has been criticised over the alleged extent to which it was designed to mollify public opinion, and in the context of debates over the nature of the doctrine of joint enterprise.
Blueford v. Arkansas, 566 U.S. 599 (2012), was a decision of the Supreme Court of the United States that clarified the limits of the Double Jeopardy Clause. The Supreme Court held that the Double Jeopardy Clause does not bar retrial of counts that a jury had previously unanimously voted to acquit on, when a mistrial is declared after the jury deadlocked on a lesser included offense.
Burks v. United States, 437 U.S. 1 (1978), is a United States Supreme Court decision that clarified both the scope of the protection against double jeopardy provided by the Fifth Amendment to the United States Constitution and the limits of an appellate court's discretion to fashion a remedy under section 2106 of Title 28 to the United States Code. It established the constitutional rule that where an appellate court reverses a criminal conviction on the ground that the prosecution failed to present sufficient evidence to prove the defendant's guilt beyond a reasonable doubt, the Double Jeopardy Clause shields the defendant from a second prosecution for the same offense. Notwithstanding the power that appellate courts have under section 2106 to "remand the cause and direct the entry of such appropriate judgment, decree, or order, or require such further proceedings to be had as may be just under the circumstances," a court that reverses a conviction for insufficiency of the evidence may not allow the lower court a choice on remand between acquitting the defendant and ordering a new trial. The "only 'just' remedy" in this situation, the Court held, is to order an acquittal.
