What are the rules of double jeopardy in criminal procedure?

Double jeopardy is a rule which prevents an individual from being convicted of the same criminal offense more than once in the same jurisdiction. This is true for any court proceeding in Massachusetts, from the trial level to appellate courts. For double jeopardy to apply, three elements must be met. First, the underlying charge must be a criminal offense. Second, the charge must have been brought by the same jurisdiction. Finally, the same offense must be charged. Double jeopardy does not apply in Massachusetts if a defendant is found guilty or innocent on a different criminal charge. For example, if an individual is found guilty of larceny and then acquitted of the same charge, this will not be considered double jeopardy. Double jeopardy may also be waived by the defendant in certain circumstances. For example, if the defendant agrees to plead guilty to a lesser charge, double jeopardy will not apply to the original charge. Furthermore, double jeopardy does not apply in cases where the same offense has been charged in a different jurisdiction. This means that an individual who is charged with a crime in one jurisdiction may be subject to double jeopardy if they are later charged with the same crime in another jurisdiction. In conclusion, double jeopardy applies in criminal procedure in Massachusetts in order to protect an individual from having the same criminal offense charged more than once in the same jurisdiction. Waiver of the double jeopardy rule may be possible in certain circumstances. Additionally, double jeopardy does not apply in cases where the same offense is charged in a different jurisdiction.

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