Author Topic: Quebec man acquitted in police officer slaying  (Read 417 times)

Offline SteveBailey

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Re: Quebec man acquitted in police officer slaying
« Reply #15 on: June 14, 2008, 06:21:22 PM »
Prosecutors can't appeal in the U.S.?

no.  It's called double jeopardy here.

Offline Scherf

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Re: Quebec man acquitted in police officer slaying
« Reply #16 on: June 14, 2008, 11:23:03 PM »
Yow - never realised that. Heard of the concept of course, didn't realise how it was applied over yonder.
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Offline Squire

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Re: Quebec man acquitted in police officer slaying
« Reply #17 on: June 15, 2008, 03:14:40 AM »
In so far as double jeapordy is concerned both the US and Canada have rights against double jeopardy, however, as with all legal systems, there are exceptions, and interpretationial differences.

The US example:

"As another example, a state might try a defendant for murder, after which the federal government might try the same defendant for a federal crime (perhaps a civil rights violation or kidnapping) related to the same act. For example, the Los Angeles Police Department officers charged with assaulting Rodney King in 1991 were acquitted by a county court, but some were later convicted and sentenced in federal court for violating his civil rights. Similar techniques were used for prosecuting racially-motivated crimes in the Southern United States in the 1960s during the time of the Civil Rights Movement, when those crimes had not been actively prosecuted, or had resulted in acquittals by juries thought to be racist or sympathetic to the accused in local courts.

The 'separate sovereigns' exception to double jeopardy arises from the unique nature of the American federal system, in which states are considered to be sovereigns with plenary power that have relinquished a number of enumerated powers to the federal government. Double jeopardy attaches only to prosecutions for the same criminal act by the same sovereign, but as separate sovereigns, both the federal and state governments can bring separate prosecutions for the same act."

The Canadian example:

"The Canadian Charter of Rights and Freedoms includes provisions such as section 11(h) prohibiting double jeopardy. But often this prohibition applies only after the trial is finally concluded. In contrast to the laws of the United States, Canadian law allows the prosecution to appeal from an acquittal. If the acquittal is thrown out, the new trial is not considered to be double jeopardy because the first trial and its judgment would have been annulled. In rare circumstances, a court of appeal might also substitute a conviction for an acquittal. This is not considered to be double jeopardy either - in this case the appeal and subsequent conviction are deemed to be a continuation of the original trial.

For an appeal from an acquittal to be successful, the Supreme Court of Canada requires that the Crown show an error in law was made during the trial and that the error contributed to the verdict."

As far as appeals go, both countires have Appeal Courts, at various levels, both ending up at a Federal Supreme Court, who are the final arbiters.

Neither country, in reality, has an absolutely "pure" right of no double jeapordy, as you might think in legal terms.

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