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. The double jeopardy protection in criminal prosecutions bars only an identical prosecution for the same offence; however, a different offence may be charged on identical evidence at a second trial. Res judicata protection is stronger – it precludes any causes of action or claims that arise from a previously litigated subject matter.
In the United States, the Miranda warning is a type of notification customarily given by police to criminal suspects in police custody advising them of their right to silence and, in effect, protection from self-incrimination; that is, their right to refuse to answer questions or provide information to law enforcement or other officials. Named for the U.S. Supreme Court's 1966 decision Miranda v. Arizona, these rights are often referred to as Miranda rights. The purpose of such notification is to preserve the admissibility of their statements made during custodial interrogation in later criminal proceedings. The idea came from law professor Yale Kamisar, who subsequently was dubbed "the father of Miranda."
The right to silence is a legal principle which guarantees any individual the right to refuse to answer questions from law enforcement officers or court officials. It is a legal right recognized, explicitly or by convention, in many of the world's legal systems.
Steven Murray Truscott is a Canadian man who, at age fourteen, was convicted and sentenced to death in 1959 for the rape and murder of classmate Lynne Harper. Truscott had been the last known person to see her alive. He was scheduled to be hanged; however, the federal cabinet reprieved him and he was sentenced to life in prison and released on parole in 1969. Five decades later, in 2007, his conviction was overturned on the basis that key forensic evidence was weaker than had been portrayed at trial, and key evidence in favor of Truscott was concealed from his defense team. He was the youngest person in Canada to face execution.
The court system of Canada is made up of many courts differing in levels of legal superiority and separated by jurisdiction. In the courts, the judiciary interpret and apply the law of Canada. Some of the courts are federal in nature, while others are provincial or territorial.
Section 7 of the Canadian Charter of Rights and Freedoms is a constitutional provision that protects an individual's autonomy and personal legal rights from actions of the government in Canada. There are three types of protection within the section: the right to life, liberty and security of the person. Denials of these rights are constitutional only if the denials do not breach what is referred to as fundamental justice.
William Brydges was a Canadian man whose arrest for murder resulted in the leading Supreme Court of Canada case R v Brydges on the right of a detainee to access duty counsel. His case was a Canadian precedent, and created significant controversy after the Supreme Court of Canada upheld his acquittal. He was found to have been denied access to an attorney because he was not informed of legal services available to him when he told police he could not afford a lawyer. This case had nationwide ramifications, requiring all police officers to advise a person under arrest of the availability of legal services even if they couldn't afford them.
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.
Multani v Commission scolaire Marguerite‑Bourgeoys, [2006] 1 S.C.R. 256, 2006 SCC 6 is a decision by the Supreme Court of Canada in which the Court struck down an order of a Quebec school authority, that prohibited a Sikh child from wearing a kirpan to school, as a violation of freedom of religion under section 2(a) of the Canadian Charter of Rights and Freedoms. This order could not be saved under section 1 of the Charter.
Holmes v. South Carolina, 547 U.S. 319 (2006), was a decision by the United States Supreme Court involving the right of a criminal defendant to present evidence that a third party instead committed the crime. The Court vacated the rape and murder conviction in South Carolina of a man who had been denied the opportunity to present evidence of a third party's guilt, because the trial court believed the prosecutor's forensic evidence was too strong for the defendant's evidence to raise an inference of innocence. The Court ruled unanimously that this exclusion violated the right of a defendant to have a meaningful opportunity to present a complete defense, because the strength of a prosecutor's case had no logical relationship to whether a defendant's evidence was too weak to be admissible.
House v. Bell, 547 U.S. 518 (2006), is a United States Supreme Court case challenging the permissibility of new DNA forensic evidence that becomes available post-conviction, in capital punishment appeals when those claims have defaulted pursuant to state law. The Court found that admitting new DNA evidence was in line with Schlup v. Delo (1995), which allows cases to be reopened in light of new evidence.
Woo Bih Li is a Singaporean lawyer who has been serving as a judge of the Supreme Court of Singapore since 2003.
Robert William Pickton, also known as the Pig Farmer Killer or the Butcher, was a Canadian serial killer and pig farmer. After dropping out of school, he left a butcher's apprenticeship to begin working full-time at his family's pig farm, and inherited it in the early 1990s.
R v DB, 2008 SCC 25 is a landmark decision of the Supreme Court of Canada on youth justice and sentencing. The Court held the provisions of the Youth Criminal Justice Act that required presumptive adult sentences for youth convicted of certain offences to be unconstitutional. Ruling that the presumption of diminished moral blameworthiness for young persons was a principle of fundamental justice under section 7 of the Charter of Rights and Freedoms and that the impugned provisions unconstitutionally deprived them of their liberty by presuming their moral blameworthiness to be equivalent to adults.
Hate speech laws in Canada include provisions in the federal Criminal Code, as well as statutory provisions relating to hate publications in three provinces and one territory.
Berghuis v. Thompkins, 560 U.S. 370 (2010), is a landmark decision by the Supreme Court of the United States in which the Court considered the position of a suspect who understands their right to remain silent under Miranda v. Arizona and is aware that they have the right to remain silent, but does not explicitly invoke or waive the right.
Estelle v. Williams, 425 U.S. 501 (1976), is a Supreme Court case involving Harry Lee Williams' conviction of assault on his former landlord in Harris County, Texas. While awaiting trial Williams was unable to post bail. He was tried in his prison uniform, and later was found guilty. He sought a writ of habeas corpus saying being tried in a prison uniform violated his Constitutional rights in accordance with the 14th Amendment. The Court of Appeals ruled that the accused does not have to stand trial in identifiable prison clothes and Williams’ right to due process was violated. The Supreme Court reversed, reinstating the conviction, on June 21, 1976.
R. v. Jordan was a decision of the Supreme Court of Canada which rejected the framework traditionally used to determine whether an accused was tried within a reasonable time under section 11(b) of the Canadian Charter of Rights and Freedoms and replaced it with a presumptive ceiling of 18 months between the charges and the trial in a provincial court without preliminary inquiry, or 30 months in other cases.
Chapman v. California, 386 U.S. 18 (1967), was a decision by the Supreme Court of the United States that a federal "harmless error" rule must apply, instead of equivalent state rules, for reviewing trials where federally-protected rights had been violated.
Liang Shan Shan was a 17-year-old Malaysian schoolgirl who was reported missing in Singapore on 2 October 1989. Liang was found dead nearly two weeks later at Yishun Industrial Park, where her highly decomposed body was discovered by a group of National Servicemen who were training nearby that area. Despite conducting a post-mortem examination, the cause of Liang's death was uncertain due to the high state of decomposition and disappearance of certain body parts. Police investigations revealed that prior to her disappearance and murder, Liang was last seen boarding her school bus and left the school at 1pm on 2 October 1989, the same day she went missing.
