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bassexpander
Joined: 13 Sep 2007
Location: Someplace you'd rather be.
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 Posted: Sun Nov 08, 2009 11:28 pm Post subject: Court orders retrial of fake degree holders |
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http://joongangdaily.joins.com/article/view.asp?aid=2912304
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Nearly two dozen music professors found not guilty of fabricating their qualifications will have to go back to court. The Supreme Court said yesterday it had overturned their acquittals and referred the cases back to the Seoul Central District Court for a retrial.
The nation�s highest court ruled that the district court was at fault for finding the 20 musicians innocent of using store-bought doctoral degrees from a college in Vladivostok, Russia, to obtain faculty positions in Korea.... |
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winterwawa
Joined: 06 May 2007
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| Posted: Mon Nov 09, 2009 5:16 am Post subject: |
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| Is there no such thing as double jeopardy in this country? Whether the degrees were fake or not, they were acquitted. And I thought I had seen it all. |
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BoholDiver
Joined: 03 Oct 2009
Location: Canada
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| Posted: Mon Nov 09, 2009 4:03 pm Post subject: |
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A guilty charge can later be overturned in an appeal. I guess the law works 2 ways.
| winterwawa wrote: |
| Is there no such thing as double jeopardy in this country? Whether the degrees were fake or not, they were acquitted. And I thought I had seen it all. |
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mayorgc
Joined: 19 Oct 2008
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| Posted: Mon Nov 09, 2009 4:08 pm Post subject: |
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| winterwawa wrote: |
| Is there no such thing as double jeopardy in this country? Whether the degrees were fake or not, they were acquitted. And I thought I had seen it all. |
Maybe it's not a double jeopardy situation. Maybe they're just having a "do-over" |
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crossmr
Joined: 22 Nov 2008
Location: Hwayangdong, Seoul
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| Posted: Mon Nov 09, 2009 4:23 pm Post subject: |
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Double jeopardy varies slightly between countries. Some countries allow an appeal to cancel double jeopardy.
Canadian Law mirrors this:
http://en.wikipedia.org/wiki/Double_jeopardy#Canada
as does Japan. Korea has no entry on that page. |
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winterwawa
Joined: 06 May 2007
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| Posted: Tue Nov 10, 2009 8:08 pm Post subject: |
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Wow. Learn something new everyday. |
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crossmr
Joined: 22 Nov 2008
Location: Hwayangdong, Seoul
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| Posted: Tue Nov 10, 2009 8:45 pm Post subject: |
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| winterwawa wrote: |
Wow. Learn something new everyday. |
It makes sense. An appeal is usually for the reason that
1. There was an error in the trial
2. One side feels the judge or jury made an error
if the higher court agrees that one of these is the case, why let someone get off if they potentially did something to cause that error? An appeal is a continuation of that same process. Until all appeals are finalized I would say that the "trial" is not finished and double jeopardy doesn't apply if a retrial is part of the appeals process. |
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winterwawa
Joined: 06 May 2007
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| Posted: Wed Nov 11, 2009 3:55 am Post subject: |
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| crossmr wrote: |
| winterwawa wrote: |
Wow. Learn something new everyday. |
It makes sense. An appeal is usually for the reason that
1. There was an error in the trial
2. One side feels the judge or jury made an error
if the higher court agrees that one of these is the case, why let someone get off if they potentially did something to cause that error? An appeal is a continuation of that same process. Until all appeals are finalized I would say that the "trial" is not finished and double jeopardy doesn't apply if a retrial is part of the appeals process. |
I know what an appeal is and what they are for, but this doesn't seem like an appeal. This is a case where the defendants were acquitted and the Supreme Court took it upon itself to over turn the verdict of not guilty.
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Nearly two dozen music professors found not guilty of fabricating their qualifications will have to go back to court. The Supreme Court said yesterday it had overturned their acquittals and referred the cases back to the Seoul Central District Court for a retrial.
The Seoul Central District Court and its appeals panel acquitted the musicians last year, saying the degrees cannot be regarded as fake because they had been approved by the Russian authorities. The accused later claimed their reputations had been damaged by the prosecutors� investigation. |
If this is an appeal, who filed the appeal? I thought once the verdict came down from the lower court, the case was closed. That means the Prosecutor's Office filed the appeal. Is that possible? Does that happen in America or other countries, too? I thought the only time an appeal is filed is if the defendant is found guilty. Then his lawyers file the appeal to a higher court. Have I missed something?
Sorry. I know this kind of rambles. |
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Benicio
Joined: 25 May 2006
Location: Down South- where it's hot & wet
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| Posted: Wed Nov 11, 2009 5:20 am Post subject: |
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No double jeopardy law in Korea.
If the government, high court, or anyone else in power does not feel that an acquitted defendant should go free, then they can try them again.
They can try them as many times as they want. |
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agentX
Joined: 12 Oct 2007
Location: Jeolla province
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| Posted: Wed Nov 11, 2009 4:21 pm Post subject: |
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| The way this case sounds like, I want to know how they even got off the first first time! It would seem kinda hard to dodge a conviction if their names are on degrees purchased from Russia. |
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Old Gil
Joined: 26 Sep 2009
Location: Got out! olleh!
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| Posted: Wed Nov 11, 2009 4:26 pm Post subject: |
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| How does one overturn a 'not guilty' verdict? What the hell kind of legal system do they have here? |
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Hamlet
Joined: 18 Mar 2008
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| Posted: Wed Nov 11, 2009 5:27 pm Post subject: |
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| not guilty of fabricating their qualification |
Ha ha! Is there really a law on the books in regards to "fabricating one's qualifications?" ...and to work in the music department!!!
"You,sir, have endangered the lives of countless numbers of students with your crappy trumpet playing skills!"
"But I've been playing the trumpet for 20 years." "I'm a master, literally!"
"Shut up!!" "Your have fabricated your qualifications, and you must be brought to justice!"
"Yeah, whatever!"
Really, I could see this being cause for termination, but as reason to be hauled into court for a criminal trial it seems quite ridiculous! |
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crossmr
Joined: 22 Nov 2008
Location: Hwayangdong, Seoul
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| Posted: Wed Nov 11, 2009 5:38 pm Post subject: |
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| Hamlet wrote: |
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| not guilty of fabricating their qualification |
Ha ha! Is there really a law on the books in regards to "fabricating one's qualifications?" ...and to work in the music department!!!
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it would be covered under "fraud". |
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CentralCali
Joined: 17 May 2007
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| Posted: Wed Nov 11, 2009 5:42 pm Post subject: |
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| Benicio wrote: |
| No double jeopardy law in Korea. |
Article 13 of the ROK Constitution states:
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| (1) No citizen may be prosecuted for an act which does not constitute a crime under the law in force at the time it was committed, nor may he be placed in double jeopardy. |
The bolding in the quote is mine. |
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TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
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| Posted: Wed Nov 11, 2009 6:14 pm Post subject: |
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| Old Gil wrote: |
| How does one overturn a 'not guilty' verdict? What the hell kind of legal system do they have here? |
As already noted Canada allows for that if a appeal is filed and considered valid. The Netherlands even allows the Supreme Court to overturn a lesser court's acquittal without an appeal. So it looks like they have a legal system like other Western courts. |
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