Question:
Legal:Double Jeopardy or Duplicity?
Emperial_Guard_09
2008-12-25 22:46:54 UTC
A conviction on two counts of burglary where only one entry took place during one criminal episode but two aggravated assualts during that episode. What's the better rebuttal?

The concept of double jeopardy is that a person shall not be prosecuted more than one time for a crime. This is to prevent the government from continually trying a client until they obtain a conviction. ...
www.publicdefendersb.org/Docs/Webterms.html

Duplicity is a legal term used to describe the error committed when the charge (known as a count) on an indictment describes two different offenses. ...
en.wikipedia.org/wiki/Duplicity_(law)
Four answers:
What Happened?
2008-12-26 05:13:49 UTC
B&E where I live is an element of the burglary. Unless the prosecution has charged all in the same indictment, and a motion to join has not been granted, you may want to consider a motion to separate the charges. (have different trials on these charges on different days)



Then claim res judicata on the second trial for burglary. (double jeopardy) b/c the person would have already been tried on the underlying 'breaking' meaning they couldn't be tried again for that event (hence they lose the breaking element of the second burglary).



All this is my unprofessional opinion which may not have any relevance in your jurisdiction or a court of law.
lirette
2016-12-24 20:03:00 UTC
merely 2? Lame. there are lots of of distinctive religions to symbolize. i will do one from each and every of the main effective ones at here that i will think of of. For the atheist? possibly workstation. they have been waiting to stump me some situations, lol. or possibly Jesus fantasy celeb. For the Wiccans/pagans, possibly Ariel, and not merely because of fact she's considered one of my favorites. She's additionally VERY knowledgeable. For the Christians, that's gotta be the two Father ok, imacatholic, or...Entwife. the different 2 possibly won't ask your self all and sundry, yet heavily, Entwife is incredible and surprisingly intelligent. She rather is familiar with her stuff. For the Muslims, as much as I hate his reproduction and pastes, it might would desire to be Punter. He is familiar with Islam rather nicely. that's all i will think of of precise now.
anonymous
2008-12-25 22:50:32 UTC
duplicity. double jeopardy refers to the case in its entirety, not a single count
anonymous
2008-12-25 22:57:43 UTC
Any government clone could expose us to the harsh light of the law.


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