autrefois convict


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Related to autrefois convict: Autrefois acquit

autrefois convict

‘formerly acquitted’. If a defendant has been previously acquitted of the same offence or could have been acquitted of the offence at a previous trial, then this is a plea in bar of the second trial. The same concept applies in Scotland. The rule was abolished for England and Wales in 2005 where ‘new and compelling’ evidence emerged, allowing a person to be tried one more time.

AUTREFOIS CONVICT, crim. law, pleading. A plea made by a defendant, indicted for a crime or misdemeanor, that he has formerly been tried and convicted of the same.
     2. As a man once tried and acquitted of an offence is not again to be placed in jeopardy for the same cause, so, a fortiori, if he has suffered the penalty due to his offence, his conviction ought to be a bar to a second indictment for the same cause, least he should be punished twice for the same crime. 2 Hale, 251; 4 Co, 394; 2 Leon,. 83.
     3. The form of this plea is like that of autrefois acquit; (q.v.) it must set out the former record, and show the identity of the offence and of the person by proper averments. Hawk. B. 2, c. 36; Stark. Cr. Pi. 363; Arcb. Cr, PI, 92; 1 Chit. Cr. Law, 462; 4 Bl. Com. 335; 11 Verm. R. 516.

References in periodicals archive ?
Since Diaz operates as an exception to an autrefois convict scenario, the original assault conviction does not bar subsequent prosecution.
Under this rationale, Diaz only exists as an exception to an autrefois convict scenario.
Finally, looking at Diaz as an exception to autrefois convict makes more sense from a policy perspective because the original holding was not trying to create an exception to a double jeopardy autrefois acquit scenario.
33) Sigler, supra note 12, at 20; 2 Matthew Hale, The History of the Pleas of the Crown *248 (stating that "But autrefois convict or autrefois acquit by verdict .
2d at 871 (stating that "By the time of Lord Coke, the nascent double jeopardy concept had begun to mature into a complex of common law pleas, the most prominent of which were autrefois acquit and autrefois convict.
52) And so the Double Jeopardy Clause does not, for example, give Robert the right to plead autrefois convict to a first-degree murder charge merely because he has already been convicted of a robbery that grew out of the same set of events.
Whereas the formal rules of the Double Jeopardy Clause apply equally to autrefois acquit and autrefois convict, the collateral estoppel principle aids a defendant who is in effect acquitted on some contested issue.
Unless judges sharply distinguish between the core double jeopardy "rules"--autrefois acquit de meme felonie and autrefois convict de meme felonie--and various penumbral double jeopardy "principles," there is a real risk that the penumbra will be applied too rigidly (Brown, Corbin, and Dixon, for example) and/or that the core will be applied too mushily (the curtailment effect).
Before this event, of course, there is simply no criminal charge on the table, and thus no way to decide whether an offense is la meme felonie as the offense for which a person was autrefois convict or acquit.
At common law, a third plea, autrefois attains complemented autrefois acquit and autrefois convict.