Does Double Jeopardy Still Apply For When Your 1st Trial Was Corrupt?

Question

I know that you cannot be charged with the same crime twice. Does that still hold true if it is discovered that your first trial was corrupt; ex bribing the judge or jury?

Can you be put on trial again for the same offense if it is discovered that you were acquitted in a corrupt court?

Is the decision absolute?

Answer 1

Yes you could be charged again. Just like if new evidence comes to light they can charge you again. People really are mistaught what Double Jeopardy means.

Answer 2

Double jeopardy does not apply in a case where the judge or jury was bribed in order to gain an acquital. The reason for this is that the defendant was not in jeopardy of a guilty verdict the first time, therefore, there is not a circumstance of "double" jeopardy in a second trial.

Answer 3

Assuming this is  a criminal proceeding.  Jeopardy attaches when the jury is sworn in.  So, you should not be able to be tried again even if there was fraud. e.g. the bribe.

Answer 4

If the first case was thrown out because of improprieties, then you can be tried again for the same charge.

The only time when the 'double jeopardy' standard applies is if you're found not guilty by the judge or jury... then you can't be tried again.

If YOU were found to be part of the 'improprieties' that occured, then you could be charged with multiple felonies for tampering with a jury, bribery, etc. OR if  you had knowledge of it...

Answer 5

yes it has only happened once but it is the only exception to double jeopardy

Answer 6

As sungod stated, it doesn't matter why you were acquitted, once done is done.  If there was any corruption on the part of the court, then that's a different crime.  Any involvement you may have had in that particular crime is a new offense and chargeable, unrelated to the original act for which you were acquitted.

The reason is to prevent continued and ongoing harrassment of a defendant.  Say he was acquitted of murder, he could not be later tried for manslaughter, or assault with a deadly weapon, etc, as it was the act that was acquitted, not the name of the statute.