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.
The M'Naghten rule(s) (pronounced, and sometimes spelled, McNaughton) is a legal test defining the defence of insanity, first formulated by House of Lords in 1843. It is the established standard in UK criminal law, and versions have also been adopted in some US states (currently or formerly), and other jurisdictions, either as case law or by statute. Its original wording is a proposed jury instruction:
that every man is to be presumed to be sane, and ... that to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or if he did know it, that he did not know he was doing what was wrong.
The defence of property is a common method of justification used by defendants who argue that they should not be held liable for any loss and injury that they have caused because they were acting to protect their property.
The urban survival syndrome, in United States jurisprudence, can be used either as a defense of justification or of excuse. The first case using, unsuccessfully, the defense of "urban survival syndrome" is the 1994 Fort Worth, Texas murder trial of Daimion Osby.
Derek William Bentley was a British man who was hanged for the murder of a policeman during a burglary attempt. Christopher Craig, then aged 16, a friend and accomplice of Bentley, was accused of the murder. Bentley was convicted as a party to the crime under the English law principle of joint enterprise, as the burglary had been committed in mutual understanding and bringing deadly weapons. The outcome of the trial, and Home Secretary David Maxwell Fyfe's failure to grant clemency to Bentley, were highly controversial.
Barry Michael George is an English man who was found guilty of the murder of English television presenter Jill Dando and whose conviction was overturned on appeal.
James Ashley was a British man who, while unarmed and naked, was shot dead by police in his flat in St Leonards-on-Sea, East Sussex, on 15 January 1998. Armed officers raided the building on the suspicion that Ashley kept a firearm and a quantity of cocaine there, and to arrest him and another man in connection with a stabbing. Neither a firearm nor a significant quantity of drugs was found, the other man was not present, and it later emerged that Ashley was not implicated in the stabbing. Ashley, likely woken by the noise of the raid, was out of bed when an armed police officer entered his bedroom. On seeing the officer, Ashley raised one arm and the officer reacted by firing a single shot. Later that morning, Sussex Police chief constable Paul Whitehouse held a press conference in which he praised the conduct of the operation.
Geoffrey Dawson Lane, Baron Lane, was a British Judge who served as Lord Chief Justice of England from 1980 to 1992. The later part of his term was marred by a succession of disputed convictions. Lane's critics claimed that his refusal to believe that police evidence could be institutionally corrupt, and his reluctance to overturn the verdict of a jury, "represented a dangerous hindrance to justice". His failure to allow the appeal of the Birmingham Six in 1988 led to calls for his resignation following their successful appeal in 1991; an editorial in The Times "urged him to go", while 140 members of parliament signed a House of Commons motion to that effect.
The Lords of Chaos was a self-styled teen militia formed on April 13, 1996, in Fort Myers, Florida, United States. It was led by Kevin Donald Foster. The group gained notoriety for a crime spree that ended on April 30, 1996, with the murder of one of the boys' teachers, Mark Schwebes, the Riverdale High School's band director.
The Homicide Act 1957 is an Act of the Parliament of the United Kingdom. It was enacted as a partial reform of the common law offence of murder in English law by abolishing the doctrine of constructive malice, reforming the partial defence of provocation, and by introducing the partial defences of diminished responsibility and suicide pact. It restricted the use of the death penalty for murder.
Self-defence is a defence permitting reasonable force to be used to defend one's self or another. This defence arises both from common law and the Criminal Law Act 1967. Self-defence is a justification defence rather than an excuse.
In the criminal law of Australia, self-defence is a legal defence to a charge of causing injury or death in defence of the person or, to a limited extent, property, or a partial defence to murder if the degree of force used was excessive.
In English law, provocation was a mitigatory defence to murder which had taken many guises over generations many of which had been strongly disapproved and modified. In closing decades, in widely upheld form, it amounted to proving a reasonable total loss of control as a response to another's objectively provocative conduct sufficient to convert what would otherwise have been murder into manslaughter. It only applied to murder. It was abolished on 4 October 2010 by section 56(1) of the Coroners and Justice Act 2009, but thereby replaced by the superseding—and more precisely worded—loss of control defence.
The ice cream wars were turf wars in the East End of Glasgow, Scotland, in the 1980s between rival criminal organisations selling drugs and stolen goods from ice cream vans. Van operators were involved in frequent violence and intimidation tactics, the most notable example of which involved a driver and his family who were killed in an arson attack that resulted in a twenty-year court battle. The conflicts generated widespread public outrage, and earned the Strathclyde Police the nickname of "Serious Chimes Squad" for its perceived failure to address them.
On 14 October 2004, Pádraig Nally, an Irish farmer living in County Mayo, Republic of Ireland shot dead Irish Traveller John "Frog" Ward, who had been trespassing on his property. In November 2005 Nally was sentenced to six years' imprisonment for manslaughter. His conviction was quashed in October 2006 and, after a retrial in December 2006, he was found not guilty of manslaughter.
R v Quick [1973] QB 910 is an English criminal case, as to sane automatism and the sub-category of self-inducement of such a state. The court ruled that it may not be used as a defence if the defendant's loss of self-control was on the part of negligence in consuming or not consuming something which someone ought to but the jury must be properly directed so as to make all relevant findings of fact. The ruling stresses that automatism is usually easily distinct from insanity, in the few cases where the lines are blurred it is a complex problem for prosecutors and mental health professionals.
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.
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.
On the night of September 6, 2018, 26-year-old accountant Botham Jean was murdered in Dallas, Texas by off-duty Dallas Police Department patrol officer Amber Guyger, who entered Jean's apartment and fatally shot him. Guyger, who said that she had entered Jean's apartment believing it was her own and believed Jean to be a burglar, was initially charged with manslaughter. The absence of a murder charge led to protests and accusations of racial bias because Jean—an unarmed black man—was killed in his own home by a white off-duty officer who had apparently disregarded police protocols. On November 30, 2018, Guyger was indicted on a charge of murder. On October 1, 2019, she was found guilty of murder, and was sentenced to ten years' imprisonment the following day. The ruling was upheld on appeal in 2021.
The killing of Greg Gunn occurred on the morning of February 25, 2016, in Montgomery, Alabama. Gunn, a 58-year-old African-American man, was shot and killed near his home after fleeing from a stop-and-frisk initiated by Aaron Cody Smith, a white police officer. Smith was charged with murder and indicted by a grand jury in 2016. The case came to trial in late 2019 following a change of venue to Ozark, Alabama. Smith was found guilty of manslaughter, and, in January 2020, was sentenced to 14 years in prison.
