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by illegal double jeopardy

English translation: "by" is OK but other changes desirable

07:24 Jun 23, 2018
English language (monolingual) [PRO]
Law/Patents - Law (general)
English term or phrase: by illegal double jeopardy
55 years later, on May 17, 2000, the Presidium of the Moscow Regional Military Court satisfied the appeal of the Deputy Prosecutor general of the Russian Federation concerning Sergey Shanin and quashed the decision of the Special Council of the USSR NKVD dated January 20, 1945, due to substantial violation of criminal procedure law by illegal double jeopardy.

What I'm not sure about is the preposition - is it OK to use "by" here? "Violation of law by illegal double jeopardy"
Andrew Vdovin
Local time: 10:38
Selected answer:"by" is OK but other changes desirable
Explanation:
You can say that a defendant's rights have been violated by double jeopardy, so I see no reason why you can't say that procedural law was violated by double jeopardy.

An alternative might be "on the grounds of double jeopary" or "on double jeopardy grounds", but here I would use "on the grounds of" for the grounds of the decision on appeal, instead of "due to" (see below).

"First, he alleges that both his State and Federal Constitutional rights violated by double jeopardy because the robbery offense was a lesser included offense to the felony murder offense."
http://www.courtswv.gov/supreme-court/calendar/2017/briefs/f...

" Differences in underlying facts are not relevant for determining whether Culp's constitutional rights have been violated by double jeopardy. "
https://caselaw.findlaw.com/ms-supreme-court/1157247.html


There are a few things in this paragraph I would recommend changing:

For "satisfied the appeal" I would put "upheld the appeal".
For "concerning Sergey Shanin", it might be better to say "in the case of Sergey Shanin" (assuming it is a case).
For "due to", I would suggest "on the grounds of".
I think "criminal procedural law" might be preferable to "criminal procedure law".
I would be inclined to cut "illegal"; it seems to me redundant. "Double jeopardy" is illegal by definition (at least in most places), and anyway, if it's not illegal there has been no violation of procedural law.

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Note added at 9 hrs (2018-06-23 17:18:14 GMT)
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And I think "overturned the decision" would be more usual in a legal text than "quashed the decision".
Selected response from:

Charles Davis
Spain
Local time: 05:38
Grading comment
Thank you so much for your help and for all your suggestions, Charles!
4 KudoZ points were awarded for this answer



SUMMARY OF ALL EXPLANATIONS PROVIDED
4 +1"by" is OK but other changes desirable
Charles Davis


  

Answers


6 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
"by" is OK but other changes desirable


Explanation:
You can say that a defendant's rights have been violated by double jeopardy, so I see no reason why you can't say that procedural law was violated by double jeopardy.

An alternative might be "on the grounds of double jeopary" or "on double jeopardy grounds", but here I would use "on the grounds of" for the grounds of the decision on appeal, instead of "due to" (see below).

"First, he alleges that both his State and Federal Constitutional rights violated by double jeopardy because the robbery offense was a lesser included offense to the felony murder offense."
http://www.courtswv.gov/supreme-court/calendar/2017/briefs/f...

" Differences in underlying facts are not relevant for determining whether Culp's constitutional rights have been violated by double jeopardy. "
https://caselaw.findlaw.com/ms-supreme-court/1157247.html


There are a few things in this paragraph I would recommend changing:

For "satisfied the appeal" I would put "upheld the appeal".
For "concerning Sergey Shanin", it might be better to say "in the case of Sergey Shanin" (assuming it is a case).
For "due to", I would suggest "on the grounds of".
I think "criminal procedural law" might be preferable to "criminal procedure law".
I would be inclined to cut "illegal"; it seems to me redundant. "Double jeopardy" is illegal by definition (at least in most places), and anyway, if it's not illegal there has been no violation of procedural law.

--------------------------------------------------
Note added at 9 hrs (2018-06-23 17:18:14 GMT)
--------------------------------------------------

And I think "overturned the decision" would be more usual in a legal text than "quashed the decision".

Charles Davis
Spain
Local time: 05:38
Native speaker of: English
PRO pts in category: 136
Grading comment
Thank you so much for your help and for all your suggestions, Charles!

Peer comments on this answer (and responses from the answerer)
agree  Tina Vonhof (X): With your answer and all your suggestions.
1 day 3 hrs
  -> Thank you, Tina :-)
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