Legal Question in Criminal Law in Pennsylvania
Is there any way to have an acquitted rapist re-tried for the same rape if there may be new evidence of guilt?
Asked on 5/29/10, 12:37 am
2 Answers from Attorneys
John Davidson
Law Office of John A. Davidson
No it would be a violation of the double jeopardy clause of the US Constitution.
{John}
Answered on 5/30/10, 4:15 am
Edward Hoffman
Law Offices of Edward A. Hoffman
No. Acquittals are final. There is one *very* rare exception to this rule, and I don't know if Pennsylvania recognizes it: in some states, a defendant who is acquitted after bribing, threatening or otherwise tampering with members of the jury may be retried, on the theory that the acquittal was not legitimate. As I said, this exception rarely comes up.
Answered on 5/30/10, 4:20 pm