What are the rules of double jeopardy in criminal procedure?

In Kansas, double jeopardy is governed by the protections of the Fifth Amendment of the United States Constitution and the criminal procedure laws of the state. Double jeopardy applies whenever a person is twice put in jeopardy for the same offense. This means that if a person is charged, tried, and acquitted of a crime, they cannot be retried for the same crime. In criminal matters, there are some exceptions to the double jeopardy rule in Kansas. The first exception is for retrial if an appellate court overturns the initial verdict on procedural grounds or grants a new trial. The second exception is for instances when the jury is unable to reach a unanimous verdict, resulting in a mistrial. In such cases, a person can be tried again for the same crime. Additionally, double jeopardy won’t protect someone from being retried if the prior acquittal was based on a legal flaw or if there was prosecutorial misconduct, which means double jeopardy does not apply. In summary, the rule of double jeopardy in criminal procedure in Kansas generally prevents a person from being tried twice for the same crime. However, there are exceptions to this rule, such as if the trial ends without a unanimous verdict or if the initial acquittal was based on a legal flaw.

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What are the rules of double jeopardy in criminal procedure?

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