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Propose Solutions 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: 620

        This dual- Jeopardy loophole in this case should be closed. Primary, in order to better investigate on this issue the Supreme Court must make the Clause of the Double Jeopardy appropriate to both of the states and also federal government. Consequently, one state or federal government cannot take legal action on a person two times for one crime. There is no reason to let them do together what they cannot do alone prosecute a person twice for the same crime. The court had to revisit exception of the dual- Jeopardy issues to handle the case efficiently.

        Subsequently, with federal criminal law metastasizing, on the books there are said to be over 45 hundred federal crimes, there is incredible extend beyond the law of state on everything from possession of drug to odometer tampering. This significantly increases the intimidation of duplicative prosecution or an enormous and growing conduct. Third, the state-federal task forces utilize for prosecuting and investigating crime has been on the climb, roughly in view of the fact that states legal bodies also needs to initiated the check and balance on the murder case like this. Under sponsorship of the forces, the overall authorities of the state may be unable to find the possible solution of the case and then it is also very important to hand over the responsibility of the inquiry to federal prosecutors (Scmp.com, 2018).

         It is also true that the Department of federal Justice has a standing guiding principle disappointing such consequential trial. But the federal course of action doesn’t discontinue prosecutors of the state to follow the federal cases with their own examination and in some event; In this case there is no need to rely on federal grace or prosecutors of state as far as the fundamental rights are concern. Following this, in particular circumstances what jury’s exoneration decision that claims. In this case, in-depth analyses are necessary by the court to assume about the rational happening of the jury. It is necessary even in the situation when the extraneous facts show that it was not happened rationally (WEISS, 2018). Furthermore, in this situation, the double jeopardy period is bar by constitution. Following this, the private citizen and the justice department are responsible to go with the civil action against the evil local and state action and so against the officer. Likewise, in this situation, the prosecutors are in the position to ensure the public about the prosecution misconduct and prosecution of police brutality are done in the right way. Furthermore, the judge stated to the jurors that the first degree murder charges should be considered next if they got the reason that he was responsible for capital murder (Williams, 2018).

References of Propose Solutions 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/.

Scmp.com. 2018. Hong Kong-Taiwan loophole means teen accused of killing girlfriend in Taipei may never face charges. March 17. https://www.scmp.com/news/hong-kong/law-crime/article/2137626/hong-kong-taiwan-loophole-means-teen-accused-killing#tIo4UW3DmrXKuYj2.99.

WEISS, DEBRA CASSENS. 2018. Supreme Court to weigh double jeopardy issue that could impede state cases after presidential pardon. JUNE 29. http://www.abajournal.com/news/article/supreme_court_to_weigh_double_jeopardy_issue_that_could_affect_state_cases/.

Williams, Pete. 2018. Supreme Court agrees to take up double jeopardy issue. June 28. https://www.nbcnews.com/politics/supreme-court/supreme-court-agrees-take-double-jeopardy-issue-n887301.

 

 

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