What are the rules of double jeopardy in criminal procedure?
In Arizona, the rules of double jeopardy are defined by the Fifth Amendment to the US Constitution. Double jeopardy prevents the state from prosecuting a person twice for the same offense. This means that if a person is acquitted in a criminal trial, the state may not bring the same charges against the person again, even if new evidence is discovered. Double jeopardy does not apply in cases of multiple offenses stemming from the same act. For example, if someone commits a violent act against multiple victims, the state may prosecute them for each individual act separately. Charging a defendant with multiple counts of the same offense is also considered a violation of double jeopardy. For example, if a person is charged with one count of burglary, the state may not also charge them with multiple counts of burglary for the same incident. Finally, double jeopardy may also apply in cases of appeals. If a person is acquitted at trial and the state seeks to appeal the decision, double jeopardy may apply to prevent the state from retrying the defendant on the same charge. In general, double jeopardy protections in Arizona limit the state from trying an individual more than once for the same offense. This helps to ensure that individuals are treated fairly and are not unjustly targeted by the criminal justice system.
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