Legal Question in Criminal Law in California
Murder double jeopardy
Can a person who is aquited of murder be retried if their is new evidence that would easily show that persons guilt?
2 Answers from Attorneys
Re: Murder double jeopardy
No.
Re: Murder double jeopardy
No. An acquittal end the government's ability to prosecute the same person for the same crime. Sometimes, though, a different government can mount a second prosecution. For example, if a killing violates both state and federal laws it can be prosecuted by each government without constituting double jeopardy. Murder is generally a state-law crime, but in some circumstances it is also a federal crime.
Note too that there is an exception to the rule against double jeopardy where the defendant interfered with the first trial -- for example, by bribing or threatening a juror. This exception hardly ever comes up, but it's worth pointing out.
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