What are the rules of double jeopardy in criminal procedure?

Double jeopardy has been enshrined in the United States Constitution by the Fifth Amendment and has been adopted by all states, including South Carolina. In criminal cases, the double jeopardy rule states that an individual cannot be tried twice for the same crime. This means that if someone is acquitted or convicted, they cannot be charged with the same offense again. The general rule of double jeopardy is that once a defendant has been acquitted, or found not guilty, the prosecution cannot start a new trial or appeal the decision, even if new evidence is found. The prosecution cannot bring additional charges based on the same offense, even if they think they have new evidence to support a different outcome. In South Carolina, double jeopardy protection applies in both state and federal courts. This means that an individual cannot be tried or convicted of the same offense twice in South Carolina, regardless of the court system. However, convictions in one court system can still be used as evidence in the other. For example, the prosecution may use a conviction from the state court system as proof of a criminal record in the federal court system, even if the person was acquitted of the same crime in the state court system. In addition, if a defendant is tried for the same crime in multiple jurisdictions, such as in both the federal and state court systems, they can still be convicted of the same crime as long as the jury is in different locations. In this situation, the double jeopardy rule does not apply and the prosecution is free to pursue the case in both courts.

Related FAQs

What is the impact of the Sixth Amendment on criminal cases?
What are the different types of criminal punishments?
What are the rules of evidence-gathering at a criminal trial?
What is the purpose of a criminal trial?
What is the purpose of an appeal in criminal cases?
What are the rules of the Fifth Amendment in criminal procedure?
What is the purpose of a criminal complaint?
What is probable cause in criminal procedure?
What are the rules of self-incrimination in criminal cases?
What is the purpose of a criminal grand jury?

What are the rules of double jeopardy in criminal procedure?

Related FAQs

Related Blog Posts