Trouble for Saif, Sonali, Tabu in Blackbuck paching case. - Page 2

Originally posted by: Nova19

No, double jeopardy is legal in India only double punishment is not allowed probably inherited from the old English system. A defendant is in legal jeopardy every time he faces conviction. At each juncture the defendant faces jeopardy and the court gets the opportunity to convict so no it's not only double jeopardy it's multi jeopardy if he can keep getting tried by higher and higher courts. The only time any American court can retry an acquitted defendant (for the same crime) is if the first trial was flawed in such a way that the defendant was never truly in any legal jeopardy (like he bribed the judge in a bench jury). It is set up that way because the English used to essentially harass American colonists with repeated politically motivated prosecutions - and I'd have thought they'd have done the same to Indians but I guess Indians are cool with it. Now even UK courts have reformed. Scottish law is similar to America and even in England the court isn't allowed to retry unless substantial new evidence, unknown to the prosecution at the time of the first trial, comes to light.

Originally posted by: nigahen

Indians are not cool with it. But it's thrust down our throats.

Originally posted by: Nova19

India is a republic, you get the systems Indians vote for.

Sadly my country is worse in that regard. In the US now, we have the government we have because so many reasonable moderate people just don't even bother to vote so highly motivated highly partisan minorities decide for us.😭 We will see if Americans are cool with that Nov 6 I guess.