What are the rules of double jeopardy in criminal procedure?

Double jeopardy is when an individual is tried more than once for the same crime. In the state of New York, the rules of double jeopardy are outlined in the state’s Constitution. Article I, Section 6 of the New York Constitution states that no person shall be “twice put in jeopardy” for the “same offense.” This means that a person cannot be tried more than once for the same crime. In other words, if a person is found innocent, they cannot be tried a second time for the same offense. The double jeopardy clause also applies if a person is found guilty of the crime and is punished for it. This means that if a person is found guilty, they cannot be tried a second time for the same offense with the goal of obtaining a harsher punishment. The double jeopardy clause does not, however, apply in all situations. If a person is found not guilty due to a procedural error, they can be tried a second time for the same crime. Also, if a person is found guilty but the conviction is set aside on appeal, they can be tried a second time. In summary, the rules of double jeopardy in criminal procedure in New York state that no person shall be twice put in jeopardy for the same offense. This means that a person cannot be tried more than once for the same crime, even if they are found guilty in the first trial. The double jeopardy clause does not apply in all situations, however, such as when a conviction is set aside on appeal or when there is a procedural error.

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What are the rules of double jeopardy in criminal procedure?

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