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Double jeopardy

Discussion in 'Jukwaa la Sheria (The Law Forum)' started by donlucchese, Apr 9, 2011.

  1. donlucchese

    donlucchese JF-Expert Member

    #1
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    habar yenu wakuu. Napenda kuuliza kuhusu double jeopardy ambayo ipo kwenye fifth amendment ya US constitution. Kwa wale wasiofaham ni kwamba incase ukasingiziwa umeua halaf ukafungwa,ukitoka jela unaweza kumuua yule uliosingiziwa umemuua na sheria haiwez kukufunga( a person cant b killed twice). Swali lang,je hapa nchini kwetu sheria hii ipo applicable? Asanten
     
  2. K

    Kichakoro JF-Expert Member

    #2
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    Mkuu Mimi sio mtaalam wa sheria lakini.

    Ili mahakam ikutie hatiani kwamba umeua lazima cheti cha kifo (kudhibitisha ulikufa), pili post mortem report kudhibitisha chanzo cha kifo
    na kibali cha maziko nk. Sasa kama vyote hivyo hakuna ina maana huyo mtu hajafa na mtuhumiwa hatakua na Kesi ya kujibu.

    Hapa kwetu ukikutwa na kosa la mauaji hukumu yake ni kifungo cha maisha ama kunyongwa hadi ufe so no room for revange
     
  3. donlucchese

    donlucchese JF-Expert Member

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    nashkuru mkuu but suppose everthn has been forged n ur found guilty
     
  4. p

    pihu Senior Member

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    I like this post very sensible; i am also waiting for the experts advice!
     
  5. Nyani Ngabu

    Nyani Ngabu Platinum Member

    #5
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    If you were convicted based on trumped-up evidence and you and/ or your legal team are able to prove it then the conviction will be overturned and you will be free of all charges (assuming the justice system is working as it should be).

    I would also want to believe that you may have a legal remedy as a solace for your wrongful conviction. But this may vary from jurisdiction to juriisdiction.

    Now, double jeopardy in US law is the act of causing a person to be put on trial two times for the same crime. So if the conviction in the first murder trial was overturned, consequently those charges will also be expunged from your record.

    So, in my opinion, if after being let free and you come back and actually kill the same person you were wrongfully accused of killing and wrongfully convicted for, I believe you will be put on trial and there will be a new set of evidence that will be different from the evidence presented in the earlier 'wrongful' trial.

    Mind you, double jeopardy is putting the defendant on trial for the same charges that he/she was either acquitted of or convicted on. So if there is a new set of evidence it can not be the same trial because the earlier trial was a frame-up!

    NB: I find the scenario in question to be somewhat odd. How can you be accused of killing someone and actually be sent to jail for it while that homicide victim is still living? I wonder If that has ever happened anywhere.....
     
  6. L

    Loloo JF-Expert Member

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    hakuna kitu kama hicho ktk sheria zetu unachoweza kufanya ni kudai fidia kama una ushahidi wa kutosha kwamba alisema akijua ni uongo na kwa makusudi.kuua ni kuua hakuna kisingizio ati unalipiza
     
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