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The plea of autrefois acquit is a form of estoppel by which the state cannot reassert the guilt of the accused after they have been acquitted. [3] The plea prevents inconsistent decisions and the reopening of litigation. [3] The limitations of these pleas have been circumscribed by various legal cases and appeals. [4]
In law, a plea is a defendant's response to a criminal charge. [1] A defendant may plead guilty or not guilty. Depending on jurisdiction, additional pleas may be available, including nolo contendere (no contest), no case to answer (in the United Kingdom), or an Alford plea (in the United States).
A variation in common law countries is the peremptory plea, which may take the specific forms of autrefois acquit ('previously acquitted') or autrefois convict ('previously convicted'). These doctrines appear to have originated in ancient Roman law , in the broader principle non bis in idem ('not twice against the same').
A peremptory plea had only one kind: a plea in bar. A party making a plea in bar could either traverse the other side's pleading (i.e., deny all or some of the facts pleaded) or confess and avoid it (i.e., admit the facts pleaded but plead new ones that would dispel their effect). A traverse could be general (deny everything) or specific.
In response to arraignment, in some jurisdictions, the accused is expected to enter a plea; in other jurisdictions, no plea is required. Acceptable pleas vary among jurisdictions, but they generally include guilty , not guilty , and the peremptory pleas (pleas in bar) setting out reasons why a trial cannot proceed.
It is a legal concept originating in Roman civil law, [1] but it is essentially the equivalent of the double jeopardy doctrine found in common law jurisdictions, and similar peremptory plea (autrefois acquit/convict, 'previously acquitted/convicted') in some modern civil law countries.
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Peremptory can refer to any of the following concepts in law: Peremptory challenge; Peremptory norm; Peremptory plea This page was last edited on 29 ...