autrefois convict การใช้

• A plea of autrefois convict can be combined with a plea of not guilty.
• What applies in such circumstances is the principle of " autrefois acquit or " autrefois convict ".
• In common law countries, a defendant may enter a peremptory plea of " autrefois acquit " ( formerly acquitted ) or " autrefois convict " ( formerly convicted ), with the same effect.
• A plea of " autrefois convict " ( Law French for " previously convicted " ) is one in which the defendant claims to have been previously convicted of the same offence and that he or she therefore cannot be tried for it again.
• In the common law, the "'peremptory pleas "'( "'pleas in bar "') are pleas that set out special reasons for which a autrefois convict, the plea of autrefois acquit, and the plea of pardon.
• In the instance where a defendant has been summonsed to both criminal and civil proceedings, a plea of autrefois convict is essentially an application to'merge'proceedings, giving rise to " res judicata " or a cause of action estoppel in civil proceedings.
• Part IV of the act restricted the plea of " autrefois convict "-" no Plea setting forth any Attainder shall be pleaded in bar of any Indictment unless the Attainder be for the same Offence as that charged in the Indictment . " Part V prevented the jury from making any enquiries into the assets of the prisoner on a charge of felony-if the prisoner were convicted, these assets would be confiscated.
• Subsequently, a grand jury in Alabama, his state of residence, indicted him for the crime of murder during a kidnapping, and he entered a plea of " " autrefois convict " and former jeopardy under the Alabama and United States Constitutions, " by which he stated that he was not eligible to be punished in Alabama because a Georgia court had already convicted and sentenced him for the same crime, and that the crime had, in fact, not taken place in Alabama.
• Subsequently, a grand jury in Alabama, his state of residence, indicted him for the crime of murder during a kidnaping, and he entered a plea of " " autrefois convict " and former jeopardy under the Alabama and United States Constitutions, " by which he stated that he was not eligible to be punished in Alabama because a Georgia court had already convicted and sentenced him for the same crime, and that the crime had, in fact, not taken place in Alabama . " Heath ", 474 U . S . at 85.