What are the rules of double jeopardy in criminal procedure?

In Minnesota, double jeopardy is a constitutional right that prevents a person from being tried twice for the same crime. It is enshrined in the Fifth Amendment of the United States Constitution and Minnesota’s state constitution. In order for the double jeopardy protection to apply, three conditions must be met: 1) the accused must have been found not guilty or the charges must have been dismissed; 2) the accused must have gone to trial; and 3) the accused is being charged with the same crime for a second time. If these conditions are met, then the accused is protected from double jeopardy and cannot be retried for the same crime. Generally speaking, the purpose of double jeopardy is to protect individuals from the government pursuing the same crime against someone more than once. This prevents the government from using its vast resources to track down and prosecute someone who has already been found not guilty or had the charges dismissed. In some cases, the double jeopardy protection can be waived, allowing for retrial of the accused on the same criminal charge. For instance, if new evidence is discovered that could influence the outcome of a trial, the courts may permit a retrial even if double jeopardy protection applies. It is important to note, however, that the courts are extremely hesitant in doing so. Waiving of double jeopardy protection is reserved for extreme cases where justice requires a retrial and when no other option is available.

Related FAQs

What is the purpose of a criminal grand jury?
What is the difference between criminal and civil procedure?
What is the role of the judge in criminal proceedings?
What is the difference between direct and circumstantial evidence?
What is the process of lineups, interrogations, and confessions in criminal proceedings?
What is the purpose of a criminal defense lawyer?
What is the purpose of a criminal complaint?
What are the rules of the Fifth Amendment in criminal procedure?
What is the difference between a direct and an indirect appeal?
What is the purpose of a preliminary hearing?

What are the rules of double jeopardy in criminal procedure?

Related FAQs

Related Blog Posts