Double Jeopardy is a basic principle of the common law system, which means that after a person has been tried for a certain crime and made a verdict, he cannot be tried again for the same crime. There is a post above saying that if the female pig shot her husband later, Double Jeopardy does not apply to her, which is correct. She will still be tried because the two trials are not the same crime. If this happens in the United States, the most likely possibility is that she will be tried, but it is estimated that no jury will convict her of first-degree murder, so the prosecutors will consider prosecuting a lesser charge and then give a light sentence. thing. Moreover, she can also fight a civil lawsuit, sue the last unjustified prison, and almost certainly win (because a second trial must prove her first unjustified), and obtain huge compensation. This is the advantage of the jury system. In many cases, it can be superficially beyond the legal principles, and the conclusion can be determined by common sense.
China is a lawless country, and many people's legal concepts are still in the feudal patriarchal era. Even the current laws on paper are based on the dual influence of the civil law system and the Soviet red law system. So many people do not understand the legal meaning of Double Jeopardy. This principle embodies the fundamental spirit of the common law system: try to ensure that individuals are not or less subject to violence by the state (thus also making individuals more vulnerable to personal violence, because those killed are finished, and the murderer is in front of you. When revenge against national violence, the legal principle prevails).
Double Jeopardy is mainly to prevent such an abuse of the law: accuse a person, sentence not guilty or light sentence, the accuser is dissatisfied, excavate new evidence, repeat the prosecution, until it succeeds. If there is no limitation of the Double Jeopardy principle, the prosecution can try different courts, judges, and juries. Regardless of the facts, there is a great chance to reverse the case.
However, if a person is found guilty, even if he is already serving his sentence, if he can present new evidence to prove his innocence, he can apply to the same or a higher court for a retrial and exoneration. This is not restricted by Double Jeopardy.
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