AUTREFOIS ACQUIT Meaning and
Definition
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Autrefois acquit is a legal term borrowed from French that is used in common law jurisdictions to describe a concept related to double jeopardy. Literally translated, "autrefois acquit" means "previously acquitted."
In legal terms, "autrefois acquit" refers to a defense that can be raised by a defendant who has previously been acquitted of a specific criminal charge. It is based on the principle that a person should not be subjected to multiple trials for the same offense, protecting them from being prosecuted again for a crime they have already been acquitted of.
The defense of autrefois acquit can be raised by presenting evidence that the current charge is based on the same facts and circumstances as the previous charge for which the defendant was acquitted. If successfully established, this defense can lead to the dismissal of the current charges on the grounds of double jeopardy.
It is essential to note that autrefois acquit is distinct from the related defense of "autrefois convict," which refers to a situation where a person has previously been convicted of the same offense. The principle behind both concepts is to prevent the injustice of subjecting individuals to repeated prosecutions for the same offense, which is a fundamental aspect of the principle of double jeopardy in common law jurisdictions.
Etymology of AUTREFOIS ACQUIT
"Autrefois acquit" is a legal term derived from Middle French.
The word "autrefois" means "formerly" or "in the past" in French, and "acquit" means "acquitted" or "absolved".
The term originated in Medieval France and Latin legal traditions. It refers to a defense in common law where a person who has already been acquitted or convicted of a crime cannot be tried again for the same offense. The principle is also known as "double jeopardy" in English.
The combination of "autrefois" and "acquit" represents the legal concept that a person cannot be prosecuted again for a charge for which they have already been acquitted in the past.
