What are the rules of double jeopardy in criminal procedure?

Double jeopardy is the rule of law that forbids a person from being tried twice for the same criminal offense. This means that if a person has been acquitted of a charge, they cannot be tried again for that same charge. In Tennessee, double jeopardy protections are codified in the Tennessee Constitution, which states that “No person shall, for the same offense, be twice put in jeopardy of life and limb.” This means that the prosecution cannot put a person on trial for a certain crime if they have already been acquitted of the same crime. That being said, the Double Jeopardy Clause does not always apply in Tennessee. For instance, if a person is acquitted at trial but their conviction is reversed on appeal, the Double Jeopardy Clause will not protect them from a retrial. Additionally, the clause does not apply in cases of concurrent charges. This means that a person could be charged with two different offenses that arise from the same incident, such as burglary and assault. In such cases, the accused could be tried for both crimes separately and successively. In addition, the court in Tennessee has held that if a person is charged with a non-capital felony and enters into a plea bargain, double jeopardy will not protect them from any additional charges or prosecution related to that plea. This means that if a plea bargain is reached, the prosecution still retains the right to bring new charges or pursue additional punishment. Overall, the Double Jeopardy Clause in Tennessee offers basic protections against being tried twice for the same offense, however, there are still various circumstances wherein the double jeopardy rule does not apply.

Related FAQs

What are the rules of double jeopardy in criminal procedure?
What is habeas corpus in criminal procedure?
What are the rules of evidence in criminal cases?
What are the elements of a crime?
What is the role of the jury in criminal cases?
What is the difference between a prosecution and a defense attorney?
What is the impact of the Fourth Amendment on criminal law?
What is the role of the judge during a criminal trial?
What are the rules on evidence-gathering in criminal cases?
What is the purpose of a pre-trial hearing?

What are the rules of double jeopardy in criminal procedure?

Related FAQs

Related Blog Posts