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Double jeopardy is the idea that the government may not put a person on trial more than once for a given crime. Part of the Unites States Constitution. Use for questions about when and how it applies.
8
votes
Accepted
Is the interpretation of Double Jeopardy realistic in the movie Fracture?
Is this realistic?
Yes. The dramatic performance plays out in the same way that it would in the U.S. Court system.
The actual killing of the wife would be 'legal', so can he be charged
for …
1
vote
Could a person who has served time for 2nd degree murder later be charged with 1st degree mu...
could they then be charged with 1st degree murder even after serving
time for 2nd degree?
No.
A conviction for murder precludes a new prosecution for murder involving the same victim, as a result of …
25
votes
Accepted
Can "Double Jeopardy" be a loophole for murder?
Short Answer
No. Double jeopardy of the Fifth Amendment to the United States Constitution prohibits someone from being prosecuted more than once for the same factually specific crime (i.e. "the same …
7
votes
Accepted
How could a mistrial trigger double jeopardy in the O.J. Simpson murder trial?
Yes, this is plausible.
To be doctrinally precise, "jeopardy" attaches when the jury is sworn in. Once jeopardy attaches, there can only be a second trial if:
The defendant is convicted of a charge …
13
votes
Accepted
Why isn't double jeopardy overruled by new conclusive evidence?
Why do other countries, like America, not allow this?
It is the way that U.S. courts have interpreted the constitutional amendment requirement and reflects a policy judgment that letting someone go …
7
votes
Does double jeopardy apply if you commit the same crime twice?
No. Double jeopardy would not apply.
You can't be prosecuted twice for committing the same (or a lesser included crime) arising from the same incident twice.
If you commit a new crime you can be prose …
3
votes
Historical examples of retrial for longer prison sentences?
The short answer is that not many examples of this come to mind in the modern era in democratic, rule of law based legal systems. A full answer is a little complicated and I'm limiting my answer mostl …
18
votes
Accepted
Can someone get protection under Double Jeopardy for a crime by arranging to be put on trial...
The double jeopardy clause would prevent you from being retried by the government that tried you for murder (probably a U.S. state).
But, you could be tried for fraud and obstruction of justice at t …
30
votes
Accepted
If I've been prosecuted for a crime by another country can the US prosecute me for the same ...
You can be prosecuted for the crime in the U.S., both at the federal level and at the U.S. state level (or both), completely without regard to what happened in the criminal justice process elsewhere.
…
2
votes
Is the following a form of "jury nullification" and if so can it be overturned legally?
While @Colin Losey has a lengthy and basically correct answer, one get reach a conclusion much more quickly.
Under U.S. law, in a criminal case, a jury verdict of acquittal cannot be appealed or overr …
8
votes
Double Jeopardy in Texas v. Young?
If you are convicted you can be retried (indeed, on appeal, you asked for a retrial). Double jeopardy prevents retrials in cases of acquittals and some mistrials, not convictions.
7
votes
Judicial federalism outside the US
While this isn't a simple and direct answer, it should point you in the right direction.
There are countries which like the United States have parallel national and subnational court system, including …
1
vote
Double Jeopardy with grooming
In U.S. law, double jeopardy is evaluated on a per sovereign basis. Each U.S. state, the U.S. federal government, and each country or region within a country with its own criminal justice system is tr …
3
votes
Accepted
Can you be retried if you appeal a partial acquittal?
Suppose they are acquitted of all charges except one. If they decide
to appeal the conviction and they succeed on their appeal, does that
open them up to re-prosecution on the other charges that were …
2
votes
Is it legal (but maybe "unprecedented") for the prosecution to "judge shop" to re-arrest som...
Is it legal (but maybe "unprecedented") for the prosecution to "judge
shop" to re-arrest someone on the same charges?
It is legal because double jeopardy does not attach and an arrest warrant is not …