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单词 retrial
释义

retrialn.

Brit. /ˌriːˈtrʌɪəl/, /ˈriːtrʌɪəl/, U.S. /ˈriˌtraɪəl/, /ˌriˈtraɪəl/
Origin: Formed within English, by derivation. Etymons: re- prefix, trial n.1
Etymology: < re- prefix + trial n.1
Law.
1. A second or further trial; esp. one that tries a person or case on the same issue as the previous trial as a result of lack of due process or in the light of new evidence.
ΘΚΠ
society > law > administration of justice > court proceedings or procedure > trying or hearing of cause > [noun] > trial > retrial
rehearinga1626
re-rehearing1674
retrial1779
1779 Parl. Reg. 1775–80 XIV. 488 It could hardly be supposed, that the nobe Duke wished a re-trial, or re-hearing, unless he could undertake to promise that he had fresh matter to urge.
1833 J. D. Wheeler Pract. Abridgem. Amer. Comm. Law Cases I. 388 An appeal is a process of civil law origin, and removes the cause from an inferior to a superior tribunal, and subjects the facts as well as the law to a retrial and review.
1857 Times 12 May 7/1 What was a liberated convict to do?.. He was compelled to steal, and the result..was a retrial and a reconviction.
1898 Westm. Gaz. 17 Mar. 2/3 Much of the material at present considered by the Home Office in reconsidering a sentence would be excluded from the re-trial.
1921 R. Pound Spirit of Common Law v. 131 They..dispose of much of their business so hastily and imperfectly that reversals and retrials are continually required.
1965 Mod. Law Rev. 28 v. 567 He could have asked for a retrial with another jury.
2009 Wisconsin State Jrnl. (Nexis) 2 Mar. a1 [He] remains in prison pending a possible retrial after new DNA test results prompted the Supreme Court to vacate his conviction.
2. The action of trying a person or case for a second or further time.
ΚΠ
1797 Gilbert's Law of Evid. (rev. ed.) III. v. v. ¶6 The Re-trial of Questions defectively before tried on Evidence rejected which ought to have been admitted, or admitted which ought to have been rejected.
1807 Court of Errors & Appeals, Delaware: Sept. Term 1788 p. vi, in A. J. Dallas Rep. Cases U.S. & Pennsylvania 4 We are in a case thus circumstanced to become an imperfect jury, for the re-trial of a matter of fact.
1840 J. G. Dana Rep. Select Cases Court of Appeals Kentucky 9 137 The judgment of the Circuit Court is reversed, the verdict set aside, and the cause remanded for retrial.
1875 E. Poste tr. Gaius Institutionum Iuris Civilis (ed. 2) iv. 578 The re-trial of the more important issue would be barred.
1898 Southwestern Reporter 46 745/2 Our views of the rights of the parties hereinbefore given will enable the learned counsel..to draw proper instructions on the retrial of the case.
1912 Jrnl. Amer. Inst. Criminal Law & Criminol. 2 875 He is a source of heavy expense to the public for protection against him, for his recapture, retrial, and re-imprisonment.
1955 K. Steiner Local Governm. in Japan (1965) 512 The District Court, in its decision of March 28, 1963, found on retrial that the governor's order was valid.
1992 W. Greider Who will tell People iii. xv. 348 A textile corporation successfully invoked the Fifth Amendment double-jeopardy clause to avoid retrial in a criminal anti-trust action.
This entry has been updated (OED Third Edition, March 2010; most recently modified version published online March 2022).
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