Legal Definitions - autrefois

The term Autrefois comes from Law French and generally means "on another occasion" or "formerly." In legal contexts, it refers to a defense used in criminal law to prevent someone from being tried for the same crime twice. This principle is a fundamental aspect of what is known as double jeopardy, which protects individuals from repeated prosecution for the same offense after an acquittal or conviction.

There are two primary applications of this defense:

• Autrefois Acquit

  This defense is used when a person has already been tried and found not guilty (acquitted) of a particular criminal offense. It prevents the prosecution from bringing the same charges against that person again for the same crime, even if new evidence emerges.

  • Example 1: A person named Alex is accused of arson for a fire that destroyed a warehouse. During the trial, the jury finds Alex not guilty due to insufficient evidence. A year later, new forensic technology allows investigators to conclusively link Alex to the fire. Despite this new evidence, the prosecution cannot try Alex again for that specific arson, because Alex has the defense of autrefois acquit.

    Explanation: Alex was acquitted of the crime, meaning the legal system has already determined their innocence for that specific incident. The principle of autrefois acquit prevents the state from repeatedly prosecuting Alex for the same offense, upholding the protection against double jeopardy.

  • Example 2: Maria is charged with assault after an altercation at a bar. The court hears all the evidence, and the judge ultimately rules that the prosecution failed to prove Maria's guilt beyond a reasonable doubt, resulting in an acquittal. Days later, the alleged victim remembers a crucial detail and wants to press charges again for the same incident. The court would reject this, citing Maria's autrefois acquit defense.

    Explanation: Once Maria was acquitted of the assault charge for that specific incident, the legal process for that offense concluded. Autrefois acquit ensures she cannot be subjected to another trial for the exact same event, regardless of new recollections or evidence.

• Autrefois Convict

  This defense is used when a person has already been tried and found guilty (convicted) of a particular criminal offense. It prevents the prosecution from bringing the same charges against that person again for the same crime, even if they believe the initial punishment was too lenient or new evidence suggests a more severe crime related to the same incident.

  • Example 1: David is convicted of petty theft for stealing a specific item from a convenience store and serves a short jail sentence. A few months later, the store owner discovers that the item was far more valuable than initially thought and wants David to face a more serious charge for the same theft. David can use the defense of autrefois convict to prevent a new trial for that specific act of theft.

    Explanation: David has already been convicted and punished for the specific theft. Autrefois convict prevents the state from trying him again for the same criminal act, even if the perceived severity or value of the stolen item changes after the initial conviction.

  • Example 2: Sarah is pulled over and convicted of driving under the influence (DUI) based on a breathalyzer test. She pays her fine and completes her mandated community service. Later, the police discover a more accurate blood test taken at the scene, which shows an even higher blood alcohol content. The prosecution cannot use this new evidence to charge Sarah again for the *same* DUI incident, as she has the defense of autrefois convict.

    Explanation: Sarah has already been found guilty and penalized for the specific DUI incident. Autrefois convict protects her from being tried a second time for the same offense, even if new evidence might suggest a different outcome or a more severe charge for the identical event.