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Questions tagged [double-jeopardy]

Double jeopardy is the idea that the government may not put a person on trial more than once for a given crime. Part of the Unites States Constitution. Use for questions about when and how it applies.

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Could double jeopardy protect a murderer who bribed the judge and jury to be declared not guilty?

Assume the following hypothetical case: a well-known multi-billionaire is holding an event with lots of invitees, (so there is no doubt about his identity), then in front of many witnesses and live cameras takes out a gun and murders several people,…
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Are charges subject to Double jeopardy if they have been pleaded out of?

Person C was charged with crimes A and B. Person C pled guilty to crime A, as part of a plea bargain with prosecution, in exchange for dropping charges on crime B. Executive branch (state or federal, as appropriate) pardoned/commuted the sentence…
user0306
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Can "Double Jeopardy" be a loophole for murder?

Hypothetical facts: A is tried and acquitted for the murder of B. B was only presumed dead but was actually alive. After being acquitted for Bs murder, A actually murders B. A is later arrested and tried for Bs murder (a second…
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Has double jeopardy ever been used as an escape to any crime?

There are other questions on Law.SE asking about specific hypotheticals related to the double jeopardy rule, but are there any concrete, actual recorded cases of anyone, in all of history, in any common law jurisdiction where: 'A' was acquitted of…
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Is the interpretation of Double Jeopardy realistic in the movie Fracture?

Related question Based on a discussion in this comment thread. In the movie Fracture, a man shoots his wife. She ends up in a coma. Meanwhile, the man gets charged with attempted murder. Due to a technicality, a lot of the evidence of the…
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Will a Rittenhouse conviction on lesser charges prevent any future retrial on higher charges?

Suppose that the jury unanimously agrees on guilt in "second-degree recklessly endangering safety" but is hung 50/50 on pushing to a higher "intentional homicide" charge. Can the jury then declare a conviction on only the lower charge, but still…
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Double jeopardy

Now that it has been reported that all charges against jussie Smollett will be dropped, does the federal government have the right to charge him on their own? Also, if it is found that there was impropriety in the state prosecutors office, will the…
user20554
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Does double jeopardy protect a suspect from the consequences of admitting guilt after being declared not guilty?

I heard an anecdote of a suspect having just been declared "not guilty" due to insufficient evidence, then he said "thanks, I won't do it again". It was used as an example of how dumb some people can be, and how the criminal just got what he…
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Why don't Habitual Offender Laws violate rule against double jeopardy?

Some countries have rules against double jeopardy, yet the same countries also may have rules stipulating more severe punishment to habitual offenders (or practice less severe punishment if the defendant is not convicted before). Why are these both…
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Extreme case of double jeopardy

I have a very unique and interesting theoretical debate I’m trying to find the answer to. Suppose that I am accused and found guilty of murder of a person (ex. Bob). I serve my time for the murder and am released from imprisonment. Suddenly, Bob is…
Logan Emory
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