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LSDefine

Simple English definitions for legal terms

sham prosecution

Read a random definition: purpose

A quick definition of sham prosecution:

A sham prosecution is when someone is put on trial for a crime they have already been acquitted of, but the trial is controlled by the same people who prosecuted them before. This is not allowed because it goes against the rule that you can't be tried twice for the same crime. It's like cheating the system. It's important to have fair trials and not use the law to punish someone for something they didn't do.

A more thorough explanation:

Definition: A sham prosecution is a criminal proceeding that appears to be prosecuted by another sovereignty but is actually controlled by the sovereignty that already prosecuted the defendant for the same crime. It seeks to circumvent a defendant's double-jeopardy protection.

Examples:

  • If a defendant was first tried in federal court and acquitted, that fact would not forbid the state authorities from prosecuting the defendant in state court. However, if the state-court prosecution is completely dominated or manipulated by the federal authorities that already prosecuted the defendant, so that the state-court proceeding is merely a tool of the federal authorities, it will not withstand a double-jeopardy challenge.
  • A person is charged with a crime in one state and acquitted. The same person is then charged with the same crime in another state, but the second state's prosecution is controlled by the first state's authorities. This is an example of a sham prosecution.

The examples illustrate how a sham prosecution seeks to bypass a defendant's double-jeopardy protection by appearing to be prosecuted by another sovereignty, but is actually controlled by the sovereignty that already prosecuted the defendant for the same crime. It is a misuse of the dual-sovereignty doctrine and violates a defendant's constitutional rights.

sham pleading | sham suit

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jackfrost11770
13:56
I got a UR when I emailed themc
jackfrost11770
13:56
But it would be nice to have something at least
lilypadfrog
13:56
like whether the date changes. is that actually indicative of something. I feel like people have said they got in without a second date change
jackfrost11770
13:56
I just cannot believe I thought I would have more or less of an idea where I'd be going to law school by end of January
13:56
went complete at penn a month ago with still no UR
jackfrost11770
13:56
How was that too ambitious of a thought
jackfrost11770
13:57
March at the very least atp
13:57
@llama: thank you!!! 44 apps thats crazy dude
Trismegistus
13:57
jack me too buddy
lilypadfrog
13:57
@info-man: I applied like a week before you and just went UR a couple days ago you’ll get there in a minute
13:57
I'm actually never gonna hear from BU
13:57
definitely not ambitious at all. this cycle's turning out to be as slow as the last one probably due to high app volume
13:57
@lilypadfrog: okay cool good to know
13:58
i really think they should push back seat deposits to june
13:58
its unfair
jackfrost11770
13:58
Recent boo I applied to BU in Oct
13:59
I've been complete since mid Sept:(
13:59
If I knew I would still be waiting in January I probably wouldn't have applied so early
jackfrost11770
14:00
Me neither
jackfrost11770
14:00
Someone applied to nyu in December and got today
jackfrost11770
14:00
I mgoikg to lose my fucking mind
14:01
re seat deposit: does any1 know if u can request to delay 1st seat deposit? some school are really early it seems
[] starfishies
14:02
if they delayed decisions we should be able to delay deposits... but we do not live a perfect world so i doubt it
lilypadfrog
14:03
yeah you can request an extension. usually it’s like a week though
14:03
i need tips for not falling asleep at work
drugs
14:03
can we talk about something interesting like i dont know drugs sex death
ReminiscentZestyFish
14:04
Everyone admitted to penn looks like above medians
14:04
time to harass glove on linkedin
lilypadfrog
14:06
that’s a good way to stay awake. tell him to come back here
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