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 only bars an identical prosecution for the same offense, however, a different offense 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.
Catch-22 is a satirical war novel by American author Joseph Heller. He began writing it in 1953; the novel was first published in 1961. Often cited as one of the most significant novels of the twentieth century, it uses a distinctive non-chronological third-person omniscient narration, describing events from the points of view of different characters. The separate storylines are out of sequence so the timeline develops along with the plot.
Lonesome Dove is a 1985 Western novel by American writer Larry McMurtry. It is the first published book of the Lonesome Dove series and the third installment in the series chronologically. It was a bestseller and won the 1986 Pulitzer Prize for Fiction. In 1989, it was adapted as a TV miniseries starring Tommy Lee Jones and Robert Duvall, which won both critical and popular acclaim. McMurtry went on to write a sequel, Streets of Laredo (1993), and two prequels, Dead Man's Walk (1995) and Comanche Moon (1997), all of which were also adapted as TV series.
My Cousin Vinny is a 1992 American comedy film directed by Jonathan Lynn, written by Dale Launer, and produced by Launer and Paul Schiff. It stars Joe Pesci, Ralph Macchio, Marisa Tomei, Mitchell Whitfield, Lane Smith, Bruce McGill, and the final film appearance of Fred Gwynne. The film was distributed by 20th Century Fox and released on March 13, 1992.
Phantly Roy Bean Jr. was an American saloon-keeper and Justice of the Peace in Val Verde County, Texas, who called himself "The Only Law West of the Pecos". According to legend, he held court in his saloon along the Rio Grande on a desolate stretch of the Chihuahuan Desert of southwest Texas. After his death, fictional Western films and books cast him as a hanging judge, although he is known to have sentenced only two men to hang, one of whom escaped.
John Wesley Hardin was an American Old West outlaw, gunfighter, and controversial folk icon. Hardin often got into trouble with the law from an early age. He killed his first man at the age of 15, claiming he did so in self-defense.
Theodore Medad Pomeroy was an American businessman and politician from New York who served as the 26th speaker of the United States House of Representatives for one day, from March 3, 1869, to March 4, 1869, the shortest American speakership term. He represented New York's 24th congressional district in the United States House of Representatives from 1861 to 1869. He also served as the mayor of Auburn, New York, from 1875 to 1876, and in the New York State Senate from 1878 to 1879.
Nolle prosequi, abbreviated nol or nolle pros, is legal Latin meaning "to be unwilling to pursue". It is a type of prosecutorial discretion in common law, used for prosecutors' declarations that they are voluntarily ending a criminal case before trial or before a verdict is rendered; it is a kind of motion to dismiss and contrasts with an involuntary dismissal.
Colonel Albert Jennings Fountain was an American attorney who served in the Texas Senate and the New Mexico House of Representatives. Following a purge of corruption among cattle rustlers that Fountain investigated and prosecuted, he and his eight-year-old son Henry disappeared near White Sands, New Mexico Territory. Their bloodstained wagon and other evidence of an ambush were recovered, but the bodies were never found. Suspicion centered on two rival landowners, Oliver M. Lee and Albert Bacon Fall. Lee and two employees were tried for the murder of Henry Fountain, but acquitted after a defense by Fall. No charges were ever filed for the death of Albert Fountain.
Tay Yong Kwang is a Singaporean judge of the Supreme Court. He was first appointed Judicial Commissioner in 1997, appointed Judge in 2003, and appointed Judge of Appeal in 2016. He was noted for being the presiding judge in several notable cases that shocked the nation and made headlines in Singapore.
John Galt is a character in Ayn Rand's novel Atlas Shrugged (1957). Although he is not identified by name until the last third of the novel, he is the object of its often-repeated question "Who is John Galt?" and of the quest to discover the answer. Also, in the later part it becomes clear that Galt had been present in the book's plot all along, playing several important roles though not identified by name.
Tarun Tejpal is an Indian journalist, publisher, novelist and former editor-in-chief of Tehelka magazine. In November 2013, he stepped down as editor for six months after a female colleague accused him of sexual assault. On 21 May 2021, a Goa trial court presided over by Justice Kshama Joshi acquitted him of all charges.
The Italian Code of Criminal Procedure contains the rules governing criminal procedure in every court in Italy. The Italian legal order adopted four codes since the Italian Unification. After the first two codes, in 1865 and 1913, the Fascist Government established in 1930 a new code adopting an inquisitorial system. In 1988 the Italian Republic adopted a new code, that could be considered to be somewhere in between the inquisitorial system and the adversarial system.
The justice of the peace is the small claims court in the judicial system of Belgium, and stands at the bottom of the Belgian judicial hierarchy. There is a justice of the peace for each judicial canton, which is the smallest geographical subdivision of Belgium for judicial purposes. Most judicial cantons cover multiple municipalities, except in the case of larger towns and cities, which are often divided into multiple judicial cantons. A judicial canton has an average population of 50,000 to 60,000 people, but some have a population as low as 30,000 people or as high as 100,000 people. The justices of the peace only have jurisdiction over their own canton. As of 2017, there are 187 cantons with as many justices of the peace in Belgium, who hear cases in 229 seats.
Following the common law system introduced into Hong Kong when it became a Crown colony, Hong Kong's criminal procedural law and the underlying principles are very similar to the one in the UK. Like other common law jurisdictions, Hong Kong follows the principle of presumption of innocence. This principle penetrates the whole system of Hong Kong's criminal procedure and criminal law. Viscount Sankey once described this principle as a 'golden thread'. Therefore, knowing this principle is vital for understanding the criminal procedures practised in Hong Kong.
Rape by deception is a situation in which the perpetrator deceives the victim into participating in a sexual act to which they would otherwise not have consented, had they not been deceived. Deception can occur in many forms, such as illusory perceptions, false statements, and false actions.
Vincent Alfred Simmons is an American man who was a life prisoner at Angola State Prison in Louisiana, where he was sentenced to 100 years in July 1977 after being convicted of the "attempted aggravated rapes" of 14-year-old twin sisters Karen and Sharon Sanders of Marksville. Simmons has maintained his innocence throughout. By 1999 Simmons had filed numerous habeas corpus writs, but had not gained an evidentiary hearing by a Louisiana court. After receiving a copy of his evidence file in 1993, he had found that it contained exculpatory evidence that was not given to his court-appointed attorney by the District Attorney, and that there were inconsistencies in reports and statements of victims and witnesses.
John David Battaglia Jr. was an American convicted murderer who was executed by the state of Texas for filicide. He was convicted of killing his two young daughters in May 2001 in an act of "ultimate revenge" against his estranged ex-wife, Mary Jeane Pearle, who had separated from him after his numerous instances of assault and violence. Battaglia was executed for the murders on February 1, 2018.
United States v. Throckmorton is an 1878 decision of the U.S. Supreme Court on civil procedure, specifically res judicata, in cases heard at equity. A unanimous Court affirmed an appeal of a decision by the District Court for California upholding a Mexican-era land claim, holding that collateral estoppel bars untimely motions to set aside the verdict where the purportedly fraudulent evidence has already been considered and a decision reached. In the opinion it distinguished between that kind of fraud, which it called intrinsic, and extrinsic fraud, in which deceptive actions exterior to the proceeding prevented a party, or potential party, to the action from becoming aware of the possibility they could vindicate their rights in court.
