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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 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 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.
Stephen Lawrence was a black British teenager from Plumstead, southeast London, who was murdered in a racially motivated attack while waiting for a bus in Well Hall Road, Eltham, on the evening of 22 April 1993, when he was 18 years old. The case became a cause célèbre: its fallout included changes of attitudes on racism and the police, and to the law and police practice. It also led to the partial revocation of the rule against double jeopardy. Two of the perpetrators were convicted of murder on 3 January 2012.
In 1974, 17-year-old Stephen Downing was convicted of murdering Wendy Sewell, a 32-year-old legal secretary, in the town of Bakewell in the Peak District in Derbyshire. Following a campaign by a local newspaper led by Don Hale, in which Sewell was purported to be promiscuous, Downing's conviction was overturned in 2002. The case is thought to be the longest miscarriage of justice in British legal history, and attracted worldwide media attention.
A miscarriage of justice occurs when an unfair outcome occurs in a criminal or civil proceeding, such as the conviction and punishment of a person for a crime they did not commit. Miscarriages are also known as wrongful convictions. Innocent people have sometimes ended up in prison for years before their conviction has eventually been overturned. They may be exonerated if new evidence comes to light or it is determined that the police or prosecutor committed some kind of misconduct at the original trial. In some jurisdictions this leads to the payment of compensation.
R v Carroll (2002) 213 CLR 635; [2002] HCA 55 is a decision of the High Court of Australia which unanimously upheld the decision by a Queensland appellate court to stay an indictment for perjury as the indictment was found to controvert the respondent's earlier acquittal for murder. The court held that charging Raymond John Carroll with perjuring himself in the earlier murder trial by swearing he did not kill the baby Deidre Kennedy was tantamount to claiming he had committed the murder and was thus a contravention of the principles of double jeopardy. The case caused widespread public outcry and prompted calls for double jeopardy law reform.
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.
David Harold Eastman is a former public servant from Canberra, Australia. In 1995, he was wrongfully convicted of the murder of Australian Federal Police Assistant Commissioner Colin Winchester and was sentenced to life imprisonment without parole. A 2014 judicial inquiry recommended the sentence be quashed and he should be pardoned. On 22 August of the same year, the Supreme Court of the Australian Capital Territory quashed the conviction, released Eastman from prison, and ordered a retrial.
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.
Channon Gail Christian, aged 21, and Hugh Christopher Newsom Jr., aged 23, were from Knoxville, Tennessee, United States. They were kidnapped on the evening of January 6, 2007, when Christian's vehicle was carjacked. The couple were taken to a rental house. Both of them were raped, tortured, and murdered. Four males and one female were arrested, charged, and convicted in the case. In 2007, a grand jury indicted Letalvis Darnell Cobbins, Lemaricus Devall Davidson, George Geovonni Thomas, and Vanessa Lynn Coleman on counts of kidnapping, robbery, rape, and murder. Also in 2007, Eric DeWayne Boyd was indicted by a federal grand jury of being an accessory to a carjacking, resulting in serious bodily injury to another person and misprision of a felony. In 2018, Boyd was indicted on state-level charges of kidnapping, robbery, rape, and murder.
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:
The Bowraville murders is the name given to three deaths that occurred over five months from September 1990 to February 1991 in Bowraville, New South Wales, Australia. All three victims were Aboriginal, and all disappeared after parties in Bowraville's Aboriginal community, in an area known as The Mission. A local labourer, who was regarded by police as the prime suspect, was charged with two of the murders but was acquitted following trials in 1994 and 2006. On 13 September 2018, the New South Wales Court of Criminal Appeal decided that the man could not be retried for the murders. On 22 March 2019, the High Court of Australia refused an application by the Attorney General of New South Wales to bring an appeal against that decision.
This is a list of notable overturned convictions in Canada.
R v Jogee[2016] UKSC 8 was a 2016 judgment of the Supreme Court of the United Kingdom that reversed previous case law on joint enterprise. The Supreme Court delivered its ruling jointly with the Judicial Committee of the Privy Council, which was considering an appeal from Jamaica, Ruddock v The Queen [2016] UKPC 7.
The Ford Heights Four were formerly imprisoned convicts, who were falsely accused and convicted of the double murder of Lawrence Lionberg and Carol Schmal in Ford Heights, Illinois, and later exonerated. Jimerson and Williams were sentenced to death, Adams to 75 years in prison and Rainge to life. Following the murder in 1978, the four spent almost two decades in prison before being released in 1996. This miscarriage of justice was due to false forensic testimony, coercion of a prosecution witness, perjury by another witness who had an incentive to lie, and prosecution and police misconduct. The DNA evidence uncovered in the investigation to clear their names eventually led to the arrest and conviction of the real killers.
Brian Altman KC is an English lawyer. Altman was First Senior Treasury Counsel at the Central Criminal Court from 2010 to 2013. Altman is the joint Head of Chambers of 2 Bedford Row, barristers' chambers.
Burks v. United States, 437 U.S. 1 (1978), is a United States Supreme Court decision that clarified both the scope of the protection against double jeopardy provided by the Fifth Amendment to the United States Constitution and the limits of an appellate court's discretion to fashion a remedy under section 2106 of Title 28 to the United States Code. It established the constitutional rule that where an appellate court reverses a criminal conviction on the ground that the prosecution failed to present sufficient evidence to prove the defendant's guilt beyond a reasonable doubt, the Double Jeopardy Clause shields the defendant from a second prosecution for the same offense. Notwithstanding the power that appellate courts have under section 2106 to "remand the cause and direct the entry of such appropriate judgment, decree, or order, or require such further proceedings to be had as may be just under the circumstances," a court that reverses a conviction for insufficiency of the evidence may not allow the lower court a choice on remand between acquitting the defendant and ordering a new trial. The "only 'just' remedy" in this situation, the Court held, is to order an acquittal.
David Smith is an English repeat murderer, rapist and suspected serial killer who came to national prominence in 1999 when he was convicted of murdering a sex worker six years after having been acquitted of an "almost identical" murder. Cleared of the murder of 33-year-old west London sex worker Sarah Crump in 1993, Smith was found guilty in 1999 of the killing of 21-year-old Paddington sex worker Amanda Walker. Smith has since been linked to a number of other murders of sex workers across Britain.
The murder of Jacqueline Montgomery, a 15-year-old girl from Islington, North London, United Kingdom, occurred on 1 June 1975. She was murdered by Dennis McGrory, her aunt's 28-year-old estranged partner, who was described at his trial as being "wild with rage" when he sexually assaulted, stabbed, and strangled Montgomery at her family home in Offord Road.
References
- ↑ While some defendants, such as Russell Causley, had been convicted of the same crime twice, Weir's case was the first in which a person had been re-convicted after having their conviction quashed without a retrial being ordered.
- 1 2 3 4 5 6 7 8 "Prolific thief Michael Weir jailed for 1998 'double jeopardy' murders". BBC News. 16 December 2019. Retrieved 17 August 2022.
- 1 2 3 "Michael Weir guilty of 1998 'double jeopardy' murders". BBC News. 14 November 2019. Retrieved 17 August 2022.
- 1 2 3 4 5 6 7 8 9 "Double jeopardy murderer Michael Weir is jailed for life". The Guardian. 16 December 2019. Retrieved 17 August 2022.
- ↑ "Double jeopardy killer Michael Weir jailed for murdering two pensioners in legal first". Sky News. 16 December 2019. Retrieved 17 August 2022.
- ↑ Newing, Holly (19 December 2019). "Michael Weir: 'the first convicted man to be convicted twice' under double jeopardy law". The Justice Gap.