| reply to pwrtoppl
Re: How did it slip by?... easy... Double jeopardy is a US litigation principle. This trial is in Sweden and as such will follow Swedish law. Unless you can point to a similar entanglement in Swedish law that is as immovable as the US version I would suggest watching and learning about a foreign legal system. |
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 cdruGo ColtsPremium,MVM
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| said by rahvin112:Double jeopardy is a US litigation principle. This trial is in Sweden and as such will follow Swedish law. Unless you can point to a similar entanglement in Swedish law that is as immovable as the US version I would suggest watching and learning about a foreign legal system. Double jeopardy is protected against by the European Convention of Human Rights Seventh Protocol, Article Four which states "No one shall be liable to be tried or punished again in criminal proceedings under the jurisdiction of the same State for an offence for which he has already been finally acquitted or convicted in accordance with the law and penal procedure of that State." All EU members have signed it, which includes Sweden. |
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| Erm... If this were declared a mistrial, double jeopardy wouldn't apply here. In such cases, the trial is considered to have been improperly conducted (thus "mis"-trial). If granted, the trial never happened, and as such, the defendants were never technically acquitted nor convicted. A mistrial isn't the same as overturning a judgment. It's just grounds for a new trial, assuming it's worth the expenditure.
A tonne of money used to waste everybody's time, and even more money tossed into the furnace if the state decides to give it another go. |
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