The major laws are issues which are occurring
in this case. The double risks are applies for only criminal cases it cannot
applies on the administrative and civil proceedings. It means the defendant
convicted of crime is not including too immune from the civil lawsuits to damaging
the victim of crime (Hill, 1996 ).
Same
Offense
The various prosecutions are prohibited by the double jeopardy for the
likewise offences, but the defendant cannot protected by the multiple
prosecutions to the multiple offenses. For example, the trials of the
professions win by that boy for committing the murder of his girlfriend. If the actual facts are justified, then the
state can be considered the boy again for “including lessees” to charging for
possession by comitti9ng it selling the five grams cocaine.
Attachment
of Jeopardy issues
The defendant must be placed by the
Government for jeopardy according to the Amendment of the fifth clauses for
applying. The simple particle for the criminal charges which are does not be
the cause of the jeopardy for attaching the proceeding which must be involved
in further stages (Kawai, 2015).
Jeopardy
Terminated issues
The jeopardy attachment is not necessary for
meaning the defendant can’t re-prosecute by the government; the jeopardy must
be terminating for this condition. It means this case can be concluded in few
senses. The jury is reaching to the classic example of the judgment of the
guilty or not guilty. It also cannot be terminated when evidences are observed
by the judges as insufficient to convicting the defendants. It involves in the
judgment for releasing than leasing the case goes to the jury. But just due to doesn’t meaning of the
retrial is barred. The retrial is typically allows by the huge jury. If the
mistrial is consented by the defense, it can be just because of the misconduct
of juror and the defendants are prosecute usually by the prosecution.
Same
Sovereign issue
The protection guaranteed by the double jeopardy
only is for the condition when there is double punishment or prosecution take
place from the same government or same Sovereign. There is need to remember
that the state prosecution cannot resist the federal government to take the
same action regarding the same conduct. Likewise, in the case it can be seen
the same sovereign principle for the Rodney King who was the federal
prosecution officer. In case, it can be seen that the State of the California
did not defend the convictions even they prosecuted the videotaped. On the
other hand, when case went to the federal government then for the same case of
officer’s beating violating of King’s civil rights used as a cause for the
prosecution of the officer (Legalmatch.com, 2018).
Multiple
Punishments issues
For the same allegedly criminal conduct,
usually multiple charges are file by the prosecutors against the defendant. For
example, it is possible that a person is charged with as a firefighter for
killing another person and at the same time he might be charged with assault.
In this case, if the jury for both situations convicts the person then the
double jeopardy clause will appear and interrupt the judge to sentence the same
performs for being sentenced on both cases. In this case, the alleged person
will be sentenced for the punishment for his greater crime.
Subsequently, in this case, there is a
situation in which there are lack of extradition agreement between the both
parties and in the reflection of it the claimant might not bring charges
against the Chan as per judge verdicts. Following this, the judge has explained
that he cannot expect that the suspect can protect himself from the harsh
penalty without any special reason because the loopholes that are appeared from
the Taiwan’s and Hong Kong’s judicial system are not recognized by the Taiwan’s
jurisdiction. Furthermore, the alleged person Chan’s arrest held in Hong Kong
where he was caught against with the handling stolen good and theft charges. He
was accused by the other party on stealing a camera, phone, bankcard and money of
the Poon’s from the account from the cash machine in Hong Kong (Roberts,
2016).
References of Law Issues of Hong Kong-Taiwan loophole means teen accused of killing girlfriend in Taipei may never face charges
Bernhardt, William. 2012 . Double Jeopardy: A
Novel of Suspense. Open Road Media.
Bomboy, Scott. 2018. The Supreme Court takes on a
big Double Jeopardy case. February 20. https://constitutioncenter.org/blog/the-supreme-court-takes-on-a-big-double-jeopardy-case.
Dudley, Steven. 2017. Homicides in Guatemala:
Conclusions and Recommendations . APRIL 20.
https://www.insightcrime.org/investigations/homicides-in-guatemala-conclusions-and-recommendations/.
EPPS, GARRETT. 2016. The Trouble With Double
Jeopardy. Septemeber 13.
https://www.theatlantic.com/politics/archive/2016/09/the-trouble-with-double-jeopardy/499730/.
Hill, Bob. 1996 . Double Jeopardy. U.S.A:
Harper Collins;.
Hutter, Randi. 2018. Predicting Criminal
Behavior. February 17.
https://www.psychologytoday.com/us/blog/birth-babies-and-beyond/201802/predicting-criminal-behavior.
Kawai, Jun. 2015. Forensic Analysis of the
Wakayama Arsenic Murder Case. October 31. https://www.intechopen.com/books/forensic-analysis-from-death-to-justice/forensic-analysis-of-the-wakayama-arsenic-murder-case.
Legalmatch.com. 2018. What Are the Different
Types of Crimes? June 26.
https://www.legalmatch.com/law-library/article/what-are-the-different-types-of-crimes.html.
Roberts, Akanksha. 2016. Case Study- 2008 NOIDA
DOUBLE MURDER CASE (Overview). May 23.
https://www.linkedin.com/pulse/case-study-2008-noida-double-murder-overview-akanksha-roberts/.