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Law Issues of Hong Kong-Taiwan loophole means teen accused of killing girlfriend in Taipei may never face charges

Category: Law Paper Type: Report Writing Reference: CHICAGO Words: 800

        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/.

 

 

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