Does the Double Jeopardy Clause of the Fifth Amendment prohibit a retrial following acquittal?
MultiRegion, United States of America
The following excerpt is from Thompson v. Dickinson, No. 2:11-cv-1318 GEB AC (E.D. Cal. 2014):
The Double Jeopardy Clause of the Fifth Amendment, as applied to the states by the Fourteenth Amendment, prohibits retrial following acquittal. Benton v. Maryland, 395 U.S. 784
Page 33
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the burden of establishing that prosecutorial misconduct at the retrial of an accused violated the Double Jeopardy Clause of the Fifth Amendment? (MultiRegion, United States of America)
Is there a double jeopardy clause in the Fifth Amendment? (MultiRegion, United States of America)
Is the Fifth Amendment against double jeopardy absorbed into the Fourteenth Amendment? (MultiRegion, United States of America)
Does the double jeopardy clause in the Fifth Amendment apply to multiple prosecutions for the same crime? (MultiRegion, United States of America)
Does a federal indictment against a defendant in a federal racketeering case that was previously a state prosecution violate the Fifth Amendment's double jeopardy clause? (MultiRegion, United States of America)
What is the test for double jeopardy under the double jeopardy clause? (MultiRegion, United States of America)
What is the test for the Double Jeopardy clause in the Fifth Amendment? (MultiRegion, United States of America)
Does the self-incrimination clause in the fifth amendment apply to the states through the fourteenth amendment due process clause? (MultiRegion, United States of America)
Can a defendant who has been found not guilty of a charge under the Double Jeopardy Clause apply for a retrial after the grant of a mistrial? (MultiRegion, United States of America)
Does the double jeopardy clause bar a defendant from seeking a retrial if there is a mistrial? (MultiRegion, United States of America)
