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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.
Within some criminal justice systems, a preliminary hearing, preliminary examination, preliminary inquiry, evidentiary hearing or probable cause hearing is a proceeding, after a criminal complaint has been filed by the prosecutor, to determine whether there is enough evidence to require a trial. At such a hearing, the defendant may be assisted by a lawyer.
The Racketeer Influenced and Corrupt Organizations (RICO) Act is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization.
Nolle prosequi, abbreviated nol or nolle pros, is legal Latin meaning "to be unwilling to pursue". In Commonwealth and US common law, it is 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.
Ronald Dale Earle was an American politician and judge who was, from January 1977 to January 2009, the District Attorney for Travis County, Texas. He became nationally known for filing charges against House majority leader Tom DeLay in September 2005 for conspiring to violate Texas' election law and/or to launder money. In Texas, Earle was known for his criminal justice reform efforts which focused on crime prevention, alternative sentencing, victim advocacy, and the reintegration of former offenders into society. In 1983, Earle - an Eagle Scout - prosecuted himself for an election law violation after missing a campaign finance filing deadline by one day; he was fined $212. Earle was a fixture in Travis County politics and served in public office there for more than 30 years, joking that he was asked if he was the "District Eternity".
Tom DeLay, a Republican U.S. Representative from Texas from 1979–83, and from 1985–2006 and the House Majority Leader from 2003–05, was convicted in 2010 of money laundering and conspiracy charges related to illegal campaign finance activities aimed at helping Republican candidates for Texas state office in the 2002 elections. In 2013, a Texas Court of Appeals panel acquitted DeLay when it overturned his conviction. This decision was affirmed by the Texas Court of Criminal Appeals on October 1, 2014. DeLay had three years from that date, i.e. until October 1, 2017, to file any lawsuits for wrongful action.
The Liberty City Seven were seven construction workers and members of a small Miami, Florida-based religious group who called themselves the Universal Divine Saviors. Described as a "bizarre cult," the seven were arrested and charged with terrorism-related offenses in 2006 by a Federal Bureau of Investigation sting investigation although their actual operational capability was extremely low and their intentions were unclear. The members of the group operated out of a small warehouse in the Miami neighborhood of Liberty City.
Final Exit Network, Inc. (FEN) is an American 501(c)(3) nonprofit right to die advocacy group incorporated under Florida law. It holds that mentally competent adults who suffer from terminal illnesses, intractable pain, or irreversible physical conditions have a right to voluntarily end their lives. In cases deemed valid, the Final Exit Network arranges what it refers to as "self-deliverances". Typically, the network assigns two "exit guides" to a client and are present when they die, but the network states, and has proven in court, that it does not provide physical assistance in anyone's death; rather, their role is that of compassionate advisors and witnesses.
The Jeanine Nicarico murder case was a complex and influential homicide investigation and prosecution in which two men, Rolando Cruz and Alejandro Hernandez, both Latinos, were wrongfully convicted of abduction, rape and murder in 1985 in DuPage County, Illinois. They were both sentenced to death. The case was scrutinized during appeals for being weak in evidence.
The court of assizes is the trial court which tries the most serious crimes in the judicial system of Belgium. It is the highest Belgian court with criminal jurisdiction, and as such, it is the only Belgian court that can sentence someone to life imprisonment. The courts of assizes are not permanent courts; a new court of assizes is assembled for each new trial. There is a court of assizes in each of the ten provinces of Belgium, and one in the arrondissement of Brussels-Capital. Further below, an overview is provided of the eleven courts of assizes and their seats. They are the only courts in Belgium for which the provinces are used as territorial subdivisions. They are also the only courts in Belgium that hold jury trials. The jury acts as sole trier of fact, but decides on the penalty together with the judges. The trial by jury of certain crimes is laid down in article 150 of the Belgian Constitution. The Belgian courts of assizes have the same origin as their French namesakes.
Emperors Club VIP was an international escort agency based in New York City, founded in 2004 by Mark Brener and Cecil Suwal and operated from the bank accounts of QAT Consulting Group, Inc., and QAT International, Inc. The agency was shut down in March 2008 following a federal investigation into suspicious money transfers from New York Governor Eliot Spitzer, which led to the discovery of its operation as an illegal prostitution ring. Following public reports of Governor Spitzer's patronage as client #9, he resigned from office.
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:
Rolando Cruz is an American man known for having been wrongfully convicted and sentenced to death, along with co-defendant Alejandro Hernandez, for the 1983 kidnapping, rape, and murder of 10-year-old Jeanine Nicarico in DuPage County, Illinois. The police had no substantive physical evidence linking the two men to the crime. Their first trial was jointly in 1987, and their statements were used against each other and a third defendant.
Sergey Aleynikov is a former Goldman Sachs computer programmer. Between 2009 and 2016, he was prosecuted by NY Federal and State jurisdictions for the same conduct of allegedly copying proprietary computer source code from his employer, Goldman Sachs, before joining a competing firm. His first prosecution in federal court in New York ultimately resulted in acquittal by the United States Court of Appeals for the Second Circuit. The outcome of his second prosecution and trial in New York state court was a split verdict dismissed by court, which acquitted him on all counts. One count in that order of dismissal was later overturned by New York Court of Appeals, which took a very broad interpretation of the statute, and on recommendation of prosecutors he was sentenced to time served without punishment. The same New York Court of Appeals denied his petition to appeal on double jeopardy grounds. His story inspired Michael Lewis's bestseller Flash Boys.
Illegal is a 1955 American film noir directed by Lewis Allen. It stars Edward G. Robinson, Nina Foch, Hugh Marlowe and Jayne Mansfield. It is the third film adaptation of the 1929 play "The Mouthpiece" by Frank J. Collins, following The Mouthpiece and The Man Who Talked Too Much.
Glasser v. United States, 315 U.S. 60 (1942), was a landmark decision of the US Supreme Court on two issues of constitutional criminal procedure. Glasser was the first Supreme Court decision to hold that the Assistance of Counsel Clause of the Sixth Amendment required the reversal of a criminal defendant's conviction if his lawyer's representation of him was limited by a conflict of interest.
Backpage.com was a classified advertising website founded in 2004 by the alternative newspaper chain New Times Inc./New Times Media as a rival to Craigslist.
On August 15, 2014, Texas Governor Rick Perry was indicted by a Travis County grand jury, but has since been cleared on all charges. The first charge of the indictment was abuse of official capacity, a first-degree felony, for threatening to veto $7.5 million in funding for the Public Integrity Unit, a state public corruption prosecutors department. The second charge, which has since been ruled unconstitutional, was coercion of a public servant, a third-degree felony, for seeking the resignation of Travis County District Attorney Rosemary Lehmberg, a Democrat, after she was convicted of drunk driving and incarcerated. Lehmberg was a district attorney in Travis County, Texas, and the Travis County DA's office managed the Public Integrity Unit's operations. The veto was seen as retribution for Lehmberg not stepping down. Perry pleaded not guilty to both charges.
Marilyn Mosby is an American politician and lawyer who has been the State's Attorney for Baltimore since 2015. She is the youngest chief prosecutor of any major American city. She is currently under federal indictment.
David Robert Daleiden is an American anti-abortion activist who worked for Live Action before founding the Irvine, California-based Center for Medical Progress in 2013.
References
- ↑ "US tour operator convicted in prostitution sting". Associated Press . July 22, 2013.
- ↑ "Accused sex-tour operator gets 5 years probation; judge calls him obnoxious". The Journal News . November 12, 2013.
- ↑ Rhoades, Liz (August 19, 2004). "Judge Dismisses Charges In Bellerose Sex Tour Operation". Queens Chronicle .
- 1 2 3 /sex-tourism-big-apple-oriental-tours-acquitted-state-criminal-charges-federal-action-needed-prosecut "Sex Tourism: Big Apple Oriental Tours Acquitted of State Criminal Charges. Federal Action Needed to Prosecute G.F. Tours and other U.S.-Based Sex Tour Operators". Equality Now.
{{cite web}}: Check|url=value (help) - ↑ Mackson, Oliver (January 14, 2006). "Sex tour charges tossed by judge". Times Herald-Record .