What are the rules of double jeopardy in criminal procedure?

Double jeopardy is a fundamental principle in criminal procedure in Delaware which means that an individual cannot be tried twice for the same crime. This is a right that is guaranteed by the Fifth Amendment of the U.S. Constitution. The basic principle of double jeopardy is that no one can be twice put in jeopardy, or tried, for the same offense. Specifically, if an individual is acquitted of a crime, they cannot be tried for it again. The same principle applies if the individual has been convicted or sentenced and is later granted a reversal of their conviction and/or sentence. In Delaware, a criminal defendant cannot be retried for the same criminal offense if they are acquitted or their conviction and/or sentence is reversed. However, there are situations in which a defendant can be charged with the same crime twice without violating double jeopardy laws, such as when a court finds that the prosecution relied on false or incomplete evidence at trial or when the criminal defendant pleaded guilty to a lesser offense and then withdraws the plea. Lastly, in addition to prohibiting the same criminal prosecution for the same crime, double jeopardy also protects criminal defendants from being subjected to multiple punishments for the same offense. This means that if a criminal defendant is sentenced for a particular crime, they cannot then be subjected to additional criminal penalties for the same offense.

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What are the rules of double jeopardy in criminal procedure?

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