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Retrying The Acquitted In England Part Ii: The Exception To The Rule Against Double Jeopardy For Tainted Acquittals, David S. Rudstein
Retrying The Acquitted In England Part Ii: The Exception To The Rule Against Double Jeopardy For Tainted Acquittals, David S. Rudstein
San Diego International Law Journal
Parliament enacted a statute in 1996 intended to limit the double jeopardy bar in some situations in which the defendant obtained an acquittal through improper means, thereby permitting the government to retry the person for the same offense of which he previously was tried and acquitted. The statute, part of the Criminal Procedure and Investigations Act 1996, allows a retrial when an individual's acquittal was tainted, which, under the statute, means an acquittal resulting from interference with, or intimidation of, a juror, witness, or potential witness. In allowing a retrial in such circumstances, the statute creates an exception to the …
The Death Penalty And Reversible Error In Massachusetts, Alan Rogers
The Death Penalty And Reversible Error In Massachusetts, Alan Rogers
The University of New Hampshire Law Review
[Excerpt] “This article will survey Massachusetts homicide cases from 1805 to 1996 in which the SJC found reversible error. For comparative purposes, the data will be grouped into three periods: from 1805, the year the SJC began to publish its decisions, to 1891, the year original jurisdiction for homicide cases was transferred from the SJC to the Superior Court; 1892 to 1939, the year Massachusetts law allowed the SJC to review the facts as well as the law of capital cases; and from 1940 to 1996, the year Chief Justice Paul Liacos resigned from the court and the importance of …