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LSDefine

Simple English definitions for legal terms

sham prosecution

Read a random definition: navagium

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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RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
I've been UR since first/second week of Jan, no updates otherwise, is that a bad sign? At or above median LSAT and above 75th gpa.
The profile links are not working for me. anybody else?
13:18
i’m in the same boat mastermonkey but with lower stats. i hope i hear back by mid march
CheeseIsMyLoveLanguage
13:24
@mastermonkey45: Looking at some of the recent decisions in relation to when they went complete, I'd say it's a good sign. It seems many declines were sent within about 5-6 weeks of completion. Given those were applications that were SENT in January, I'd say that means you're still solidly in the running. :)
14:30
Sent an app to OSU in early december and have STILL not heard back
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