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 ?
By contrast, autrefois acquit and autrefois convict would not bar a
acquit or autrefois convict. The cases suggest that if the factual
sources make clear that autrefois acquit and autrefois convict were
autrefois acquit or autrefois convict was necessary because the judge
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.
1998) (Sack, J., concurring) (concluding that "In 1769, Blackstone used the term 'jeopardy' to describe the principle underlying Coke's pleas of autrefois acquit and autrefois convict; these pleas, he wrote, rested on 'the universal maxim of the common law of England, that no man is to be brought into jeopardy of his life, more than once, for the same offence.'").
(202) Citing Lord Devlin's opinion in Connelly, the lower court denied the landlord's motion to dismiss the manslaughter charge on the basis of autrefois convict. (203)
They are not la meme felonie.(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.(101) Third, as a result of these two features of collateral estoppel, most prosecutors will be powerfully discouraged from attempting to bifurcate litigation in search of strategic advantage or to vex defendants.(102) If a prosecutor wins the first trial, she will have to prove everything all over again in a second criminal case; but if she loses on any issue, she loses that issue forever (in criminal cases, at least) against the defendant.
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.