60
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
this post was submitted on 18 Oct 2023
60 points (89.5% liked)
News
23265 readers
3965 users here now
Welcome to the News community!
Rules:
1. Be civil
Attack the argument, not the person. No racism/sexism/bigotry. Good faith argumentation only. This includes accusing another user of being a bot or paid actor. Trolling is uncivil and is grounds for removal and/or a community ban. Do not respond to rule-breaking content; report it and move on.
2. All posts should contain a source (url) that is as reliable and unbiased as possible and must only contain one link.
Obvious right or left wing sources will be removed at the mods discretion. We have an actively updated blocklist, which you can see here: https://lemmy.world/post/2246130 if you feel like any website is missing, contact the mods. Supporting links can be added in comments or posted seperately but not to the post body.
3. No bots, spam or self-promotion.
Only approved bots, which follow the guidelines for bots set by the instance, are allowed.
4. Post titles should be the same as the article used as source.
Posts which titles don’t match the source won’t be removed, but the autoMod will notify you, and if your title misrepresents the original article, the post will be deleted. If the site changed their headline, the bot might still contact you, just ignore it, we won’t delete your post.
5. Only recent news is allowed.
Posts must be news from the most recent 30 days.
6. All posts must be news articles.
No opinion pieces, Listicles, editorials or celebrity gossip is allowed. All posts will be judged on a case-by-case basis.
7. No duplicate posts.
If a source you used was already posted by someone else, the autoMod will leave a message. Please remove your post if the autoMod is correct. If the post that matches your post is very old, we refer you to rule 5.
8. Misinformation is prohibited.
Misinformation / propaganda is strictly prohibited. Any comment or post containing or linking to misinformation will be removed. If you feel that your post has been removed in error, credible sources must be provided.
9. No link shorteners.
The auto mod will contact you if a link shortener is detected, please delete your post if they are right.
10. Don't copy entire article in your post body
For copyright reasons, you are not allowed to copy an entire article into your post body. This is an instance wide rule, that is strictly enforced in this community.
founded 1 year ago
MODERATORS
Charges can be dismissed with prejudice or without prejudice. If they are dismissed with prejudice, you can't be charged again. If they are dismissed without, then you can.
Depends on when, by whom, and why they are dismissed.
I'd say dismissals with or without prejudice goes to law of the case doctrine and issue preclusion. Those doctrines are about whether the prosecution is legally able to relitigate something that was already decided under the law, in the interests of judicial economy and finality of judgments.
Freedom from double jeopardy on the other hand is a constitutional right and attaches specifically when a jury is empaneled and sworn in. Before that, the defendant is not "in jeopardy." If a case never made it to a jury, a subsequent prosecution is not double jeopardy.
If a case is dismissed after a jury is sworn, it is the consequence of jeopardy that makes the dismissal one with prejudice.