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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 12:51 am (UTC)Quote:
Europe
All members of the Council of Europe (which includes nearly all European countries, and all members of the European Union) have signed the European Convention of Human Rights, which protects against double jeopardy. The Seventh Protocol, Article Four, says:
No one shall be liable to be tried or punished again in criminal proceedings under the jurisdiction of the same State for an offence for which he has already been finally acquitted or convicted in accordance with the law and penal procedure of that State.
This specific optional protocol has been ratified by all EU states except six (namely Belgium, Germany, The Netherlands, Portugal, Spain and the United Kingdom). Those members states may still have the provision in their respective constitutions providing a prohibition against double jeopardy.
In many European countries the prosecution may appeal an acquittal to a higher court, and this is not counted as double jeopardy but as a continuation of the same trial. This is allowed by the European Convention of Human Rights: note the word finally in the above quote.
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Date: 2005-05-14 01:18 am (UTC)