Question:

I Have 2 Questions About The Double Jeopardy Thing?

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I wanted to know if double jeopardy still holds for these 2 reasons:

1. Should any new evidence come to light after your acquittal, can you be re-arrested and put on trial again for the same offense? Or not?

2. If it is discovered that you gained acquittal due to corrupt circumstances; such as a judge or jury member was bribed?

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2 ANSWERS


  1. Jeopardy attaches in one of those circumstances but "probably" not the other.

    1. Jeoaprdy would attach. "Were police to uncover new evidence conclusively proving the guilt of someone previously acquitted, there is little they can do because the defendant may not be tried again - at least not on the same or a substantially similar charge." Fong Foo v. United States, 369 U.S. 141 (1962).

    *It should be noted, however, that many state and federal laws allow for limited prosecutorial appeals when new evidence comes to light.

    2. Jeopardy would not attach. "There are two exceptions to the general rule that the prosecution cannot appeal from an acquittal. If the earlier trial is proven to be a fraud or scam, double jeopardy will not prohibit a new trial."


  2. After your acquittal, meaning you were tried and found not guilty, you cannot be re-tried for the same offense.  If new evidence is found, you may be able to be tried for a different offense.

    2.  You cannot be retried for the same offense.  If you were the one who corrupted the judge or jury, you may be tried for such a crime.

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