What are the rules of double jeopardy in criminal procedure?

Double jeopardy is a legal principle that applies in criminal proceedings where someone can not be tried for the same or a similar offense twice. In Maryland, double jeopardy is governed by the Fifth Amendment to the U.S. Constitution and Article 22 of the Maryland Declaration of Rights. According to the Fifth Amendment, an individual cannot be subject to criminal punishment twice for the same offense. This means that if an individual is prosecuted for a crime and is either acquitted or convicted, they cannot be tried again for the same offense. Additionally, the individual can not be held criminally responsible for related offenses stemming from the same facts and circumstances. The Fifth Amendment also protects individuals from multiple punishments stemming from the same offense. This means that if someone is convicted of a crime and sentenced to a certain punishment, they can not be given a harsher sentence upon a later conviction. Article 22 of the Maryland Declaration of Rights also takes the principle of double jeopardy a step further. It states that if a person has been charged with a crime, they can not be charged with a different crime arising from the same facts and circumstances. It also states that the accused can not be charged with a lesser included offense of the one he or she is previously charged with. These laws ensure that individuals are not subject to multiple, unfair trials for the same offense and ensure that individuals are not subjected to multiple punishments for the same offense.

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What are the rules of double jeopardy in criminal procedure?

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