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 except when the defendant is a servicemember as the courts have ruled that the military courts are a separate sovereign therefore servicemembers can be held in two separate trials for the exact same charges; 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.
Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or incarcerated, and results in the conviction or acquittal of the defendant. Criminal procedure can be either in form of inquisitorial or adversarial criminal procedure.
In a legal dispute, one party has the burden of proof to show that they are correct, while the other party has no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts needed to satisfy all the required legal elements of the dispute.
Civil procedure is the body of law that sets out the rules and regulations along with some standards that courts follow when adjudicating civil lawsuits. These rules govern how a lawsuit or case may be commenced; what kind of service of process is required; the types of pleadings or statements of case, motions or applications, and orders allowed in civil cases; the timing and manner of depositions and discovery or disclosure; the conduct of trials; the process for judgment; the process for post-trial procedures; various available remedies; and how the courts and clerks must function.
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.
The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty. Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must present compelling evidence to the trier of fact. If the prosecution does not prove the charges true, then the person is acquitted of the charges. The prosecution must in most cases prove that the accused is guilty beyond a reasonable doubt. If reasonable doubt remains, the accused must be acquitted. The opposite system is a presumption of guilt.
Not proven is a verdict available to a court of law in Scotland. Under Scots law, a criminal trial may end in one of three verdicts, one of conviction ("guilty") and two of acquittal.
John Sankey, 1st Viscount Sankey was a British lawyer, judge, Labour politician and Lord High Chancellor of Great Britain, famous for many of his judgments in the House of Lords. He gave his name to the Sankey Declaration of the Rights of Man (1940).
Beyond (a) reasonable doubt is a legal standard of proof required to validate a criminal conviction in most adversarial legal systems. It is a higher standard of proof than the standard of balance of probabilities commonly used in civil cases because the stakes are much higher in a criminal case: a person found guilty can be deprived of liberty or, in extreme cases, life, as well as suffering the collateral consequences and social stigma attached to a conviction. The prosecution is tasked with providing evidence that establishes guilt beyond a reasonable doubt in order to get a conviction; albeit prosecution may fail to complete such task, the trier-of-fact's acceptance that guilt has been proven beyond a reasonable doubt will in theory lead to conviction of the defendant. A failure for the trier-of-fact to accept that the standard of proof of guilt beyond a reasonable doubt has been met thus entitles the accused to an acquittal. This standard of proof is widely accepted in many criminal justice systems, and its origin can be traced to Blackstone's ratio, "It is better that ten guilty persons escape than that one innocent suffer."
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.
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 Steane (1947) was a decision of the English Court of Criminal Appeal examining the supplemental statutory words "with intent to assist the enemy" in criminal liability.
R v W (D), [1991] 1 S.C.R. 742 is a leading decision of the Supreme Court of Canada on assessing guilt based on the credibility of witnesses in a criminal trial. More specifically, W.D. examines sexual assault cases and burdens of proof in evidence law.
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:
In India according to Section 300 of the Indian Penal Code, 1860, murder is defined as follows:
Murder.--Except in the cases hereinafter excepted, culpable homicide is murder, if the act by which the death is caused is done with the intention of causing death, or- 167 2ndly.-If it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused. or- 3rdly.-If it is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death, or- 4thly.-If the person committing the act knows that it is so imminently dangerous that it must, in all probability, cause death, or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid.
Evidential burden or "production burden" is the obligation to produce evidence to properly raise an issue at trial. Failure to satisfy the evidential burden means that an issue cannot be raised at a court of law.
The Case of the Dean of St Asaph, formally R v Shipley, was the 1784 trial of William Davies Shipley, the Dean of St Asaph, for seditious libel. In the aftermath of the American War of Independence, electoral reform had become a substantial issue, and William Pitt the Younger attempted to bring a Bill before Parliament to reform the electoral system. In its support Shipley republished a pamphlet written by his brother-in-law, Sir William Jones, which noted the defects of the existing system and argued in support of Pitt's reforms. Thomas FitzMaurice, the brother of British Prime Minister Earl of Shelburne, reacted by indicting Shipley for seditious libel, a criminal offence which acted as "the government's chief weapon against criticism", since merely publishing something that an individual judge interpreted as libel was enough for a conviction; a jury was prohibited from deciding whether the material was actually libellous. The law was widely seen as unfair, and a Society for Constitutional Information was formed to pay Shipley's legal fees. With financial backing from the society Shipley was able to secure the services of Thomas Erskine KC as his barrister.
John Hostettler (1925-2018) was an English writer of legal histories and biographies.
William Finlay, 2nd Viscount Finlay, was a British judge and peer who served as a Lord Justice of Appeal from 1938 to 1945.
DPP v Cronin [2006] IESC 9; [2006] 4 IR 329; is an Irish Supreme Court case where an appeal under section 29 of the Courts of Justice Act 1924 was heard. The case dealt with a circumstance in which a new argument, not raised during the previous trial, was brought up during the appeal. The court rejected the appeal on the grounds that the trial judge had struck a balance between having due regard to the actual defense put forward and ensuring all relevant issues relating to the case were identified. The ruling also clarified that only points with a genuine substance can be taken into consideration.
