What are the rules of double jeopardy in criminal procedure?

Double jeopardy is a legal concept originating from ancient times meant to protect individuals from being tried for the same crime twice. In criminal procedure in Nevada, double jeopardy is protected by both the United States Constitution and the Nevada Constitution. The “Double Jeopardy Clause” of the 5th Amendment to the United States Constitution states that an individual can not be prosecuted for the same crime twice. This protection applies to all cases in federal courts and many states, including Nevada. The Nevada Constitution also protects an individual from double jeopardy, but the language is slightly different than the 5th Amendment. The “Double Jeopardy Clause” of the Nevada Constitution states that an individual can not be punished twice for the same offense or wrong. This clause further specifies that an individual can not be punished by the state twice for the same offense, even if the state law was changed between trials. In addition to these constitutional protections, other rules also apply to double jeopardy in Nevada criminal proceedings. For example, a prosecutor can not charge an individual multiple times for a single act in cases where the charges are so similar that the offenses are considered to be the same offense. Furthermore, Nevada has recently passed a law called the “Yates Rule” which states that if an individual is acquitted of a lesser charge included in a higher charge, they can not be tried for the higher charge. Overall, the rules of double jeopardy in Nevada criminal procedure are very strict and are designed to protect individuals from being prosecuted twice for the same crime.

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What are the rules of double jeopardy in criminal procedure?

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