Double jeopardy is a procedural defence that forbids a defendant from being tried again on the same (or similar) charges following a legitimate acquittal or conviction. In common law countries, a defendant may enter a peremptory plea of autrefois acquit or autrefois convict (autrefois means "previously" in French), meaning the defendant has been acquitted or convicted of the same offence.
If this issue is raised, evidence will be placed before the court, which will normally rule as a preliminary matter whether the plea is substantiated, and if it so finds, the projected trial will be prevented from proceeding. In some countries, the guarantee against being "twice put in jeopardy" is a constitutional right; these include Canada, Mexico and the United States. In other countries, the protection is afforded by statute law.
Read more about Double Jeopardy: Australia, Canada, European Convention On Human Rights, France, Germany, India, International Covenant On Civil and Political Rights, Japan, Netherlands, Pakistan, Serbia, South Africa, South Korea, United States
Famous quotes containing the word double:
“O, my offense is rank, it smells to heaven;
It hath the primal eldest curse upon ‘t,
A brother’s murder. Pray can I not,
Though inclination be as sharp as will;
My stronger guilt defeats my strong intent,
And like a man to double business bound
I stand in pause where I shall first begin,
And both neglect. What if this cursed hand
Were thicker than itself with brother’s blood,
Is there not rain enough in the sweet heavens
To wash it white as snow?”
—William Shakespeare (1564–1616)