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borislvinЦитата:
That a defendant may not be retried following an acquittal is "the most fundamental rule in the history of double jeopardy jurisprudence". "The law attaches particular significance to an acquittal. To permit a second trial after an acquittal, however mistaken the acquittal may have been, would present an unacceptably high risk that the Government, with its vastly superior resources, might wear down the defendant so that 'even though innocent he may be found guilty'". While in other areas of double jeopardy doctrine consideration is given to the public-safety interest in having a criminal trial proceed to an error-free conclusion, no such balancing of interests is permitted with respect to acquittals, "no matter how erroneous," no matter even if they were "egregiously erroneous."
The acquittal being final, there is no governmental appeal constitutionally possible from such a judgment.
http://conlaw.usatoday.findlaw.com/constitution/amendment05/04.html
That a defendant may not be retried following an acquittal is "the most fundamental rule in the history of double jeopardy jurisprudence". "The law attaches particular significance to an acquittal. To permit a second trial after an acquittal, however mistaken the acquittal may have been, would present an unacceptably high risk that the Government, with its vastly superior resources, might wear down the defendant so that 'even though innocent he may be found guilty'". While in other areas of double jeopardy doctrine consideration is given to the public-safety interest in having a criminal trial proceed to an error-free conclusion, no such balancing of interests is permitted with respect to acquittals, "no matter how erroneous," no matter even if they were "egregiously erroneous."
The acquittal being final, there is no governmental appeal constitutionally possible from such a judgment.
http://conlaw.usatoday.findlaw.com/constitution/amendment05/04.html
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Date: 2005-05-14 12:43 am (UTC)Last Updated: Sunday, 3 April, 2005, 23:38 GMT 00:38 UK
A legal principle which prevents people being tried for the same crime twice has been scrapped in England and Wales.
The ban on "double jeopardy", which has existed for around 800 years, took effect from Monday.
The Court of Appeal can now quash an acquittal and order a retrial when "new and compelling" evidence is produced.
Police plan to re-examine the case of 22-year-old Julie Hogg, who was murdered in a sex attack at her home in Billingham, Teesside, in November 1989.
Boyfriend Billy Dunlop was tried for the murder of the pizza delivery girl, but acquitted after the jury failed to reach a verdict on two separate occasions.
'Deliver justice'
The change will apply retrospectively, so someone could face a second trial if evidence such as DNA material, new witnesses or a confession came to light.
It is important the public should have full confidence in the ability of the criminal justice system to deliver justice
Home Office
A Home Office spokesman said: "It is important the public should have full confidence in the ability of the criminal justice system to deliver justice.
"This can be undermined if it is not possible to convict offenders for very serious crimes where there is strong and viable evidence of their guilt.