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Retrial
RETRIAL

Definitions:

i. A new trial of a person whose criminal offence has already been judged once in court.

ii. A new trial of a person whose criminal offence has already been tried once and judged in a court of law.
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* All twelve elements should be in.


1. Purposeful and necessary - to ensure justice !

2. Authorized or appropriately approved. That is, not 'strange' to, but permitted by the law. In other words, there was a necessity for the 'repeat trial'.

3. Discrepancies and anomalies existed in the earlier trial. (Connect to #2).

4. Court has the competence to conduct a new formal examination of evidence.

5. Accused is not tried in absentia and is not deceased !

6. Judge or jury members is/are different from the judge/jurors during the initial trial.

7. No new charge(s) is/are introduced. No technicalities will be used to thwart case.

8. Processes, rules, procedures, etc. adopted all are correct and complete. That is, conduct of trial actors - the official(s) or the judge(s), jurors, solicitors, etc. - is irreproachable.

9. Case is treated and disposed off expeditiously.

10. Justice is served by the repeat trial, whatever the judgment. That is, judgment will not be reversed or upturned, on appeal.

11. The order to conduct a trial again is made timely, to help achieve objective(s).

12. Examination of evidence will not be necessary a third time !
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See perfect REHEARING.

.. it's like THE 'PERFECT' TRIAL.

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