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LSDefine

Simple English definitions for legal terms

sham prosecution

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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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got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
good morning lsd it is 5 am EST
also jazzy my ndls address went long ages ago i sadly do not think it means anything
my stanford address also went long LOL i think at most it's an indicator it's under review
WorthlessAttractiveZombie
7:44
My berkeley paragraph finally disappeared. I definitely think it is just an indicator that they are actively reviewing files, and does not mean anything about A, WL, or Rs
WorthlessAttractiveZombie
7:46
Also has anyone's date disappeared for W&L? Mine did last night
7:55
@WorthlessAttractiveZombie: mine did yesterday morning
7:56
Oops sorry I meant Vilanova. Mine disappeared last week
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