Legal Definition and Related Resources 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.

(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 Historical Law

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This definition of Autrefois Acquit is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

Vocabularies (Semantic Web Information)

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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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See Also

• Law Enforcement Officer
• Police Officer
• Law Enforcement Agency

Further Reading

• autrefois acquit in A Dictionary of Law Enforcement (Oxford University Press)
• autrefois acquit in the Encyclopedia of Law Enforcement
• A Treatise on the Police of the Metropolis

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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