Similarly, the Unborn Victims of Violence Act would not apply to the prosecution of Scott Peterson, Laci Peterson's husband, who has been charged under California law with the murder of both his wife and their unborn son.
Although the statute does not apply to murder prosecutions, it would have precluded other charges, including kidnapping and sexual assault, that were announced yesterday.
Under the Supreme Court's precedents, which the Oklahoma Court of Criminal Appeals invoked in rejecting his challenge, the double jeopardy prohibition does not apply to consecutive prosecutions by the federal government and a state government, which are regarded as "separate sovereigns".
There, he was interrogated without being read the Miranda rights that apply to all federal criminal prosecutions.
Nor is there any tolerance for the kind of cynicism that Mr. Kissinger applied to the prosecution of the Vietnam War.
Lawyers in the case sparred during a hearing on Friday over whether the prohibition, which also would have applied to the prosecution, was necessary to ensure an impartial jury.
Every judge, lawyer and defendant – actually anyone who's even seen a television show about the law – knows that the reasonable-doubt standard applies to the prosecution in criminal cases.
The extent that Constitutional rights — like the right to subpoena defense witnesses and to confront prosecution witnesses — apply to the commissions could be a major battleground.
Furthermore, the majority's rationale seems to apply to an alien who flees prosecution or escapes from custody in some other country...
The Supreme Court ruled that double jeopardy did not apply to Lara since "the successive prosecutions were brought by separate and distinct sovereign bodies".
The Crown Prosecution Service could apply to access the records for the purpose of criminal investigations, as can the information commissioner, who has a statutory obligation to protect the public.
