A five-year investigation by the New York Times has uncovered extensive evidence that famous civil-rights leader Cesar Chavez engaged in a pattern of sexually abusing young girls and women. Several survivors have come forward to tell their stories decades after the alleged abuse. Many say they did not come forward earlier out of concern for damaging the movement to advance the rights of farm...
NC Criminal Law
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The key question for double jeopardy analysis is whether each offense requires proof of an element that is not contained in the other — if not, they are the same offense and double jeopardy bars a successive prosecution.
An information is an accusation drafted by the prosecutor and filed in superior court, charging one or more criminal offenses. An information may be filed only if the defendant waives indictment.
Prosecution of the defendant for an infraction will bar a subsequent prosecution for a more serious offense arising out of the same conduct.
An acquittal under the Double Jeopardy Clause includes a dismissal of a charge for insufficient evidence or an appellate court’s reversal of a conviction for insufficient evidence.
A criminal charge contained in a pleading must be sufficiently definite to identify the offense, enable the defendant to prepare his or her defense, bar a subsequent prosecution for the same offense, and enable the court to impose judgment.
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