Legal Question in Criminal Law in North Carolina
Why can a criminal case not be tried twice, If the second time around you have enough evidence
for a conviction
1 Answer from Attorneys
There are circumstances in which a criminal case can be tried more than once. The situation you are most likely refering to is commonly known as double jeopardy and comes from the Constitution of the United States - our highest form of law. The Fifth Amendment to the United States Constitution provides no person be subject for the same offence to be twice put in jeopardy of life or limb . .(not an exact quote but close enough). The founders believed - and rightly so - that the power to prosecute for crimes should be generally limited to one bite at the apple if evevything was done properly at trial. So basically, make sure you have all your evidence the first time around.