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In jurisprudence, double jeopardy is a procedural defence (primarily in common law jurisdictions) that prevents an accused person from being tried again on the same (or similar) charges following an acquittal or conviction and in rare cases prosecutorial and/or judge misconduct in the same jurisdiction. [1]
If the earlier trial is a fraud, double jeopardy will not prohibit a new trial because the party acquitted has prevented themselves from being placed into jeopardy to begin with. One such case is the trial of Harry Aleman , who was tried and acquitted in 1977 in Cook County, Illinois for the September 1972 death of William Logan.
Gamble v. United States, No. 17-646, 587 U.S. 678 (2019), was a United States Supreme Court case about the separate sovereignty exception to the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution, which allows both federal and state prosecution of the same crime as the governments are "separate sovereigns".
Pages in category "United States Double Jeopardy Clause case law" The following 35 pages are in this category, out of 35 total. This list may not reflect recent changes .
The district attorney’s office filed a motion to dismiss an indictment that charged a codefendant.
The Supreme Court ruled that the second trial constituted double jeopardy. There was no protection against double jeopardy in Maryland from its state constitution, but the Court ruled that the Due Process Clause of the Fourteenth Amendment incorporated the Double Jeopardy Clause of the Fifth Amendment and so made it enforceable against the states.
United States v. Dixon, 509 U.S. 688 (1993), was a decision of the United States Supreme Court concerning double jeopardy. The case overruled Grady v. Corbin (1990) and revived the traditional Blockburger standard. [1] [2] The case held that subsequent convictions for offenses that contained the same elements were violative of the Double ...
The double jeopardy clause bars a retrial when a directed verdict was rendered, even if erroneous. Michigan Supreme Court reversed. Court membership; Chief Justice John Roberts Associate Justices Antonin Scalia · Anthony Kennedy Clarence Thomas · Ruth Bader Ginsburg Stephen Breyer · Samuel Alito Sonia Sotomayor · Elena Kagan: Case opinions ...