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previous/double jeopardy

  • 16-12-2013 9:14pm
    #1
    RWD
    Registered Users, Registered Users 2 Posts: 216 ✭✭


    just asking what people think when have you paid tour debt to society and paid for your crime,how is it that the judge always asks about your previous crimes ,should you not be just tried for the crime you have done and are being tried for on the day in question as in if you have previous then have you not paid for those crimes it seems to act as double jeopardy ,


Comments

  • #2
    ScaliaJ
    Registered Users, Registered Users 2 Posts: 20 ✭ScaliaJ


    RWD wrote: »
    just asking what people think when have you paid tour debt to society and paid for your crime,how is it that the judge always asks about your previous crimes ,should you not be just tried for the crime you have done and are being tried for on the day in question as in if you have previous then have you not paid for those crimes it seems to act as double jeopardy ,

    The trial itself is concerned solely with the alleged offence, except for very rare cases the accused's previous convictions cannot be mentioned in order to preserve the presumption of innocence.

    If found guilty however previous convictions can be quite relevant. A man found guilty of theft for a fourth time is rightly considered in a different manner than a person convicted for the first time.


  • #3
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    RWD wrote: »
    just asking what people think when have you paid tour debt to society and paid for your crime,how is it that the judge always asks about your previous crimes ,should you not be just tried for the crime you have done and are being tried for on the day in question as in if you have previous then have you not paid for those crimes it seems to act as double jeopardy ,

    Has been answered, simple previous convictions can't be brought up in a trial. There are certain exemptions but would need to write a good chapter to explain the exceptions.

    As stated previous bad behaviour maybe very important when deciding on a penalty.


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