Legal Question in Criminal Law in California

Aquitted on murder charges...

Can a person who has previously been aquitted of murder charges be retried if new evidence is presented? (i.e. Can OJ be retried for murdering Nicole if new evidence is presented?)


Asked on 11/20/06, 11:52 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Aquitted on murder charges...

An acquittal is the end of the line for prosecutors, except in those very rare cases in which the defendant thretened or bribed jurors or otherwise rigged the process. Barring evidence that something like that happened the first time around, prosecuting Simpson a second time for the killings would be double jeopardy. New evidence -- even a sworn confession -- would make no difference.

One caveat: double jeopardy only bars the state of California from prosecuting Simpson again. The federal government theoretically could also prosecute him, though it would have to allege he committed a federal crime (civil rights violations, perhaps) and could only do so if the limitations period on the charged federal crimes has not expired.

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Answered on 11/21/06, 12:07 am


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