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What is double Jeopardy in legal context? Thanks.

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Question ajoutée par Gayasuddin Mohammed , Advocate , Practicing Law before High Court at Hyderabad
Date de publication: 2016/07/31
Utilisateur supprimé
par Utilisateur supprimé

In the US, this means a person cannot be tried twice for the same criminal act.

However, in certain circumstances, a person MAY be tried in both state and federal courts if their actions violated state and federal law. This is not done often, but can happen when state proceedings result in an acquittal or a hung jury and the state prosecutor elects not to pursue another trial. For instance, if a white person murders a black person or another minority based solely on the victim's race (or heterosexual violence against a homosexual based strictly on the sexual orientation) and the state proceedings do not result in a conviction for the homicide, the US government can then prosecute under federal law for a hate crime. While technically the person is NOT being tried for exactly the same issue (homicide versus hate crime/violation of civil rights), the prosecutions resulted from the same action.

Gayasuddin Mohammed
par Gayasuddin Mohammed , Advocate , Practicing Law before High Court at Hyderabad

Any person cannot be subjected to punished or prosecuted more than once for the same offence. If so means double jeopardised. In India Artice 20 of the Constitution of India gives protection against double jeopardy. Thanks.

Ahmed Babikir  Elshiekh Ahmed
par Ahmed Babikir Elshiekh Ahmed , legal advisor , goverment

It is the act or the legislation which give a special benefit to individuals or any class of people like employees, students or any other class of people. This means the legislator intend to give a privilege to those people on the curtain basis and  certain circumstances when the courts applying those types of laws , the judge try to interpret the provisions of the act in a way which maintaining the said benefit to those people. We can see the clearly in the labor law disputes, where the court try its best to interpret the article and clauses of the law to the benefit of the employee, especially when any ambiguity appears. I can say that the beneficial legislation is in line with all principles and doctrineof welfare

Many thanks for inviting me to share in answering this good question

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