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[A] prosecution based upon the same transaction as a former prosecution is barred by such former prosecution under the following circumstances:..
Throughout the proceedings in the courtroom the petitioner was represented by counsel, who unsuccessfully advanced three basic contentions: (1) A witness who testifies before a grand jury investigating offenses under the Motor Carrier Act is accorded no statutory immunity from subsequent prosecution based upon his testimony.
Kilbourn and Tenney indicate that the legislative privilege will be read broadly to effectuate its purposes; neither case deals, however, with a criminal prosecution based upon an allegation that a member of Congress abused his position by conspiring to give a particular speech in return for remuneration from private interests.
But when used in a criminal statute it generally means an act done with a bad purpose...We believe that a 'bad purpose' assumes even more than its usual importance in a criminal prosecution based upon the bare utterance of words".
Similar(56)
The Government argues that the clause was meant to prevent only prosecutions based upon the 'content' of speech, such as libel actions, but not those founded on 'the antecedent unlawful conduct of accepting or agreeing to accept a bribe.' Brief of the United States, at 11.
Knox does not claim that his prosecution is based upon any incriminatory information contained in the forms he filed, nor that he is being prosecuted for a failure to supply incriminatory information.
"In our opinion the law requires us to hold that a special assistant to the Attorney General of the United States, in the performance of the duties imposed upon him by law, is immune from a civil action for malicious prosecution based on an indictment and prosecution, although it results in a verdict of not guilty rendered by a jury.
But the court left open the possibility of prosecution based on kickbacks and bribery.
The court left open, however, the possibility of prosecution based on kickbacks and bribery.
Current regulatory solutions have been prosecution based.
The criminalization of HIV exposure/transmission and the risk of prosecution based on HIV status is a controversial structural challenge faced by many PLWH globally [ 14, 26- 28].
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com