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DJ is for criminal situations, and only for specific instances. For example: If I am accused of killing a man, and I am proven innocent, I cannot be accused of
by Justsignedup 6y ago
DJ is for criminal situations, and only for specific instances. For example:
If I am accused of killing a man, and I am proven innocent, I cannot be accused of killing THAT SPECIFIC MAN again. If I was to go and kill a man, I cannot claim "but I was already exonarated for killing a man". Because it is not the same crime. DJ is all about being prosecuted for _the same instance of a crime_ more than once. Not that once I broke a law, I cannot break it again in the future.
This can apply to civil cases if a judge dismisses the case with prejudice, which means that this specific case cannot be put to trial again. Sometimes a judge dismisses the case without prejudice which indicates that the judge felt there was a case, but not enough supporting evidence yet. If a case is not resolved, it goes up the chain of courts, eventually a court may reject the case, in which case a lower court's ruling takes hold. If a case is resolved I cannot go to trial for that same case again. Nor can I use the exact same evidence for a new case. Or rather... I can but it will get dismissed with prejudice.
There is technically nothing stopping me from filing cases against you which were already resolved to harass you. But after like 2 times my lawyer's license will be revoked and possibly I will have a case against me for obvious harassment forcing me to cover any legal expenses. Overall courts really really don't like it when you act in bad faith, even if not criminally.
- naniwaduni 6y agoEmphasizing "that specific man" is misleading. The only reason double jeopardy is likely to apply in this particularly situation is that most people don't generally die twice. For any other crime, you can most certainly be accused of perpetrating it upon a specific person multiple times.
- fatnoah 6y ago>I cannot be accused of killing THAT SPECIFIC MAN again Nitpick: It's actually that you can't be accused of the SPECIFIC INSTANCE of killing that man. I only say this because there was a movie with a plot of a husband faking his death and the wife being convicted for it. The movie implies that the wife could find and kill the guy and not be tried because she'd already been convicted of killing him. While only one person was murdered, it was the two separate acts of killing the person that are the offenses, so double jeopardy would not apply.
- Justsignedup 6y agoHA! I was thinking the same thing. Sorry such a late response. In the situation of the movie though... it would get really complicated real fast. But yes, specific instances. Though its not like the cops can say 11:59am. Nope next case is for 12:00pm. And now another case for 12:01pm. This is where the judge's judgement will be used. I'm sure in the exact scenario of the movie this will end up in the supreme court.