3 ms·

I'm not American, but it's my understanding that there's more scrutiny on prosecutors to "nail" and close cases due to the stupid double jeopardy rule. You los

I'm not American, but it's my understanding that there's more scrutiny on prosecutors to "nail" and close cases due to the stupid double jeopardy rule. You lose the chance to convict a criminal, you lose your face and the chance to see him behind bars.

dragonwriter 3y ago
> the stupid double jeopardy rule You really want the government to decide to re-arrest and re-try you indefinitely if you are acquitted of a crime? The double jeopardy rule is not stupid.
- danielmarkbruce 3y ago
  But it's shown to be stupid in movies. How could that possibly not be right?
- epolanski 3y ago
  That's not what happens in countries that don't have double jeopardy, you know that right?
dghlsakjg 3y ago
Double jeopardy is a relatively common protection and predates the United States. All of Europe, India, all of the Americas, and any other country that inherited English common law are among the majority of countries on earth that have this protection in one form or another.
- epolanski 3y ago
  Italian system definitely does not have it, neither Poland or France.
  - dghlsakjg 3y ago
    You are incorrect, or they are in violation of the European Convention on Human Rights. You can use your favorite search engine to verify this. Polish law translated: "No criminal proceedings shall be initiated if another criminal proceeding in respect of the same act committed by the same person have been validly completed (ne bis in idem, res iudicata) or are already pending (lis pendens)[19] If criminal proceedings are initiated in contravention of this principle, the proceedings shall be discontinued." Double jeopardy rule doesn't prevent appeals to a higher court which is what happens in Italy frequently, and it doesn't prevent retrial when there are new legal facts or a defect with the original case. I don't know why you are so unwilling to research this when it is a very accepted legal principle. Are you sure that you understand what double jeopardy is? That the government cannot retry your case once a final ruling has been made. Simply put: you can't have two separate trials for the same crime. You can still have the case pass through separate courts and judges through appeals process since many systems allow review of a conviction before it is considered "final".
    - epolanski 3y ago
      Wait, this is different from US law. In all Europe you can be retried if new evidence is found or the previous ruling/trial had formal issues or misproceedings. In US, this is really not the case, even if new evidence is found it you cannot retry a defendant.

dragonwriter 3y ago

> the stupid double jeopardy rule You really want the government to decide to re-arrest and re-try you indefinitely if you are acquitted of a crime? The double jeopardy rule is not stupid.

danielmarkbruce 3y ago
But it's shown to be stupid in movies. How could that possibly not be right?
epolanski 3y ago
That's not what happens in countries that don't have double jeopardy, you know that right?

dghlsakjg 3y ago

Double jeopardy is a relatively common protection and predates the United States. All of Europe, India, all of the Americas, and any other country that inherited English common law are among the majority of countries on earth that have this protection in one form or another.

epolanski 3y ago
Italian system definitely does not have it, neither Poland or France.
- dghlsakjg 3y ago
  You are incorrect, or they are in violation of the European Convention on Human Rights. You can use your favorite search engine to verify this. Polish law translated: "No criminal proceedings shall be initiated if another criminal proceeding in respect of the same act committed by the same person have been validly completed (ne bis in idem, res iudicata) or are already pending (lis pendens)[19] If criminal proceedings are initiated in contravention of this principle, the proceedings shall be discontinued." Double jeopardy rule doesn't prevent appeals to a higher court which is what happens in Italy frequently, and it doesn't prevent retrial when there are new legal facts or a defect with the original case. I don't know why you are so unwilling to research this when it is a very accepted legal principle. Are you sure that you understand what double jeopardy is? That the government cannot retry your case once a final ruling has been made. Simply put: you can't have two separate trials for the same crime. You can still have the case pass through separate courts and judges through appeals process since many systems allow review of a conviction before it is considered "final".
  - epolanski 3y ago
    Wait, this is different from US law. In all Europe you can be retried if new evidence is found or the previous ruling/trial had formal issues or misproceedings. In US, this is really not the case, even if new evidence is found it you cannot retry a defendant.