Autrefois Acquit
Legal Definition and Related Resources of Autrefois Acquit
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Meanings, Synonyms, Etymology, Translations and More
Meaning of Autrefois Acquit
The term literally means formerly acquitted. In criminal law, a special plea and, if proved, constitutes a complete bar to further proceedings. The plea is founded upon the constitutional guarantee against double jeopardy in proceedings in federal tribunals, and from common law and state constitutions for other tribunals. The defense , however, is applicable only where the second prosecution is for the same act and crime both in law and fact on which the first prosecution was based. See United States v Adams, 281 U.S. 202, 50 S.Ct. 269, 74 L.Ed. 807. The defense, however, is available where the offense charged in the second proceeding is one for which the defendant could have been convicted in the first proceeding even though he was not charged with that specific offense. See Morgan v Devine, 237 U.S. 632, 35 S.Ct. 712, 59 L.Ed. 1153.
Autrefois Acquit Alternative Definition
(Fr. formerly acquitted). A plea made by a defendant indicted for a crime, that he has formerly been tried and acquitted of the same offense. See "Jeopardy."
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Autrefois acquit in the Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims
Formerly acquitted.
Note: This legal definition of Autrefois acquit in the Dictionary of Law (English and American Jurisprudence) is from 1893.
Autrefois acquit in Law Enforcement
Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of autrefois acquit.
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Law Enforcement Officer
Police Officer
Law Enforcement Agency
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English Legal System: Autrefois Acquit
In the context of the English law, A Dictionary of Law provides the following legal concept of Autrefois Acquit: (French: previously acquitted)
A *special plea in bar of arraignment claiming that the defendant has previously been acquitted by a court of competent jurisdiction of the same (or substantially the same) offence as that with which he is now charged or that he could have been convicted on an earlier indictment of the same (or substantially the same) offence. When this plea is entered the judge determines the issue. If the plea is successful it bars further proceedings on the indictment. The plea may be combined with one of *not guilty.
See also nemo debet bis vexari.
Autrefois Acquit
Meaning of Autrefois Acquit
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Lawi offers educational solutions and professional insight, integrating content, tools, and practical technology to promote lifelong learning, personal and professional improvement, and human progress through knowledge. Our collections feature resources and solutions from a wide range of subject areas, from management and finance to law and cybersecurity. This text is only a brief introduction. If you would like us to expand on this content, please let us know in the comments. If you’re finding our platform and publications valuable, share it with a colleague or friend, leave a comment and consider subscribing if you haven’t already (thanks!). There are group discounts, gift options, and referral bonuses available.
See Also
Double Jeopardy
Criminal Law
Double Jeopardy